Holiday pay for overtime

[Skittle22]

The company I work for pays more than statutory holiday pay. They pay 26 days plus the 8 bank holidays.

My contract is 20 hours over 5 days, however I probably average 20 hours overtime a month. Should my company be taking these extra hours into account when calculating holiday pay? I'm confused because legally I'm being paid in our generous holiday enticement, but someone who works say a 23 hours contract will be getting more holiday pay.

How many actual days holiday did you get?

I get the 26 days plus bank holidays as I work 5 days a week but I'm only paid for a 20 hour week as per my contract. What I'm asking is should my work be paying me holiday pay taking into account the hours I actually work.

You holiday should be worked out in hours , so when you take a day it is only 4 hours deducted. Is overtime paid at same rate?

No I don't think they do have to take overtime into account when working out your holiday pay. Holidays will be based on your contracted hours. Are you doing the overtime regularly? If so, maybe your contact should be amended to show longer hours

What you are saying rings bells.

WHen I get my payslip and have done overtime, there's a section saying "Bear v Scotland" or something similar but I thought it was to do with pensions. I've just googled it and got this which does mention holiday pay.

assets.publishing.service.gov.uk/media/592ee0b4ed915d20fb00012c/Bear_Scotland_Ltd_and_Others_v_Mr_David_Fulton_and_Others_UKEATS_0047_13_BI.pdf

I've no idea what it's all about though, my eyes started to glaze over.

I work quite a bit of overtime where I can; every twelve weeks the average hours worked are calculated and a "holiday uplift" added to that week's (week 12's) pay when the extra hours would entitle you to more holiday - so instead of extra holiday you're financially compensated.

Maybe I'm wrong actually

beta.acas.org.uk/holiday-entitlement/calculating-holiday-pay

I receive holiday pay in £ when I work additional hours.

Yes, overtime is taken into account when determining holiday pay.

Your employer needs to work out your average earnings over the previous 12 weeks and pay your holiday based on that.

(You aren’t entitled to extra days, just pay!)