Feel like I'm going mad - DP's holiday pay

[MamaMoonbeam]

I feel like I'm going mad trying to explain to DP's employers that they can't pay bank holidays at a flat rate when it's part of my DP's statutory annual leave. The other holiday days are calculated using the 52 weeks previous earnings...

MN please can you put my mind at rest - am I right or is DP's employer?

@londongram he would get statutory sick pay which would be less than what he earns

Definitely speak to ACAS, I think the contractual clause is poorly written (not unusual) and at least some of the overtime may form part of his normal remuneration and therefore count when calculating all holiday pay. Some may voluntary and only apply to 4 weeks Reg 13 leave.

Note: technically the Working Time Regulations do not specify which leave applies to Bank Holidays just that 4 weeks are reg 13 and 1.6 weeks are reg 13A. For ease your husbands employer has allocated reg 13A leave to bank holidays.

If your husband is in a TU ask them for advice. He could put in an application for unlawful deduction from wages but you need advice on which case law best suits his needs. There is a lot of case law in recent years and I am not up to date. The one I think most relevant to your case is www.bailii.org/uk/cases/UKEAT/2017/0334_16_3107.html
but I think it only applies to reg 13 leave and not reg 13A.

@Margaritatime thank you so much for your time and advice, I really appreciate it 😊

Has your husband been able to resolve this?

I’m very surprised your husband’s employers will talk to you about this unless he has given his permission in writing. You’re probably making him look like a hen pecked fool!

@Margaritatime they've spoken to their solicitors who say it's all done correctly, which, although it's legal, is a bit miserly of them. His shift on Monday was from 0300 until 2130, he never works 8 hours days so just seems tight of them to say basic rate is 8 hours! And now they're trying to change his contract to say he has to work weekends when he's asked too 🙄 I give up, I'm in early pregnancy and it's scrambling my brain. I told him he needs to speak with acas and follow it up.
Thanks for checking in 😊 x

Sorry it was not better news.

OP. Can you clarify did your husband work the BH or take it as leave?

@Margaritatime the ones he works he gets paid his hours for, the ones he has as leave are the basic rate

Thanks for clarifying. He should talk to ACAS as sadly I think his employer is harsh but right.