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Regular overtime and holiday pay!

13 replies

Samcj02 · 03/09/2021 12:59

Hi,
After a bit of advice. I’m on a 20 hour contract, I joined the company in November last year, I’ve always done overtime usually between 8-12.5 hours, the last three months I have been working 32 hours a week, I’ve requested to be contracted to this amount as I’m fed up of my wage and overtime not being correctly calculated! That’s a different matter.
However I’ve noticed when I’ve taken holiday I’m only paid my contract wage of 20 hours! Is this lawful? From what I’ve read I don’t think it is but wandering if I can find a more definitive answer.

Thanks 😊

OP posts:
flowery · 03/09/2021 13:16

No it’s not- regular overtime should absolutely be included in holiday pay.

Samcj02 · 03/09/2021 13:18

Thank you! It hasn’t been not
Since I’ve worked there! Thank you for clarification I’ll be bringing this up with my manager Monday morning!

OP posts:
Samcj02 · 03/09/2021 13:21

Holiday isn’t broken down on my payslips it’s just shown as contract pay? Will that make it more difficult, though I’m sure on their system it’ll show as holiday! This is a big chain business, I can’t believe they can get away with this x

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LegendaryReady · 03/09/2021 13:22

Where I am we add a holiday pay element (I think 12% but I might have made that up) to the hourly rate for additional and casual hours. So you don't get extra holiday for working the extra hours but you have received holiday pay for them iyswim

Samcj02 · 03/09/2021 13:25

Yes I see what you mean I just get my basic contract nothing added on top x

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Justlovedogs · 03/09/2021 13:29

One of my previous employers waited until the end of the financial year, took all our overtime for the previous 12 months and made a lump sum payment to incorporate overtime into holiday pay. Made a nice little savings scheme! If you left during the year, the calculation was done and payment made as part of your final wage.
Can't comment on the other part.

Samcj02 · 03/09/2021 13:39

@Justlovedogs

One of my previous employers waited until the end of the financial year, took all our overtime for the previous 12 months and made a lump sum payment to incorporate overtime into holiday pay. Made a nice little savings scheme! If you left during the year, the calculation was done and payment made as part of your final wage. Can't comment on the other part.
I was told If I took overtime I’d only be paid my contract pay. Nothing else was mentioned but I’ll definitely ask x
OP posts:
Samcj02 · 03/09/2021 14:16

What steps can I turn take if they refuse to pay?

OP posts:
LegendaryReady · 03/09/2021 14:50

www.gov.uk/holiday-entitlement-rights

This sets out clearly what you're entitled to

flowery · 03/09/2021 15:03

It doesn’t matter that your payslip doesn’t say when you were on holiday.

If they refuse to pay, raise a grievance, and if that still doesn’t work you can bring a tribunal claim for unlawful deduction from wages/non-payment of wages.

Samcj02 · 03/09/2021 17:04

@flowery

It doesn’t matter that your payslip doesn’t say when you were on holiday.

If they refuse to pay, raise a grievance, and if that still doesn’t work you can bring a tribunal claim for unlawful deduction from wages/non-payment of wages.

Perfect advice! Thank you so much xx
OP posts:
SunbathingDragon · 03/09/2021 17:07

We also get all of ours in our March payslip as it’s the end of the financial year.

Samcj02 · 03/09/2021 19:12

Never had anything in March x

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