The rules around overtime holiday pay?

Prominent_Dawg

When calculating holiday pay, employers should include normal non-guaranteed overtime, which can be claimed within a period of three months, and overtime should be based on the previous three months, taking the average amount of overtime paid to be included in any holiday pay, is this correct?

Peanut2011

That depends on your contract. Look at the wording of your contract.

upinsmoke

Depends really, Some employers expect it, some give time in Lieu, some work you into the ground.

_Brian

Prominent_Dawg wrote: »

When calculating holiday pay, employers should include normal non-guaranteed overtime, which can be claimed within a period of three months, and overtime should be based on the previous three months, taking the average amount of overtime paid to be included in any holiday pay, is this correct?

Only time I’ve seem OT included in holiday payment is when it was compulsory OT on a daily basis.

Prominent_Dawg

_Brian wrote: »

Only time I’ve seem OT included in holiday payment is when it was compulsory OT on a daily basis.

That’s what I’m referring to

Irishder

you want to get paid overtime when you are not physically there?

Are you in the public sector?

Some deal if you are getting overtime whilst sipping a cocktail on a beach.

Prominent_Dawg

Irishder wrote: »

you want to get paid overtime when you are not physically there?

Are you in the public sector?

Some deal if you are getting overtime whilst sipping a cocktail on a beach.

I’m talking about someone who works overtime on a daily basis

notharrypotter

Prominent_Dawg wrote: »

normal non-guaranteed overtime

From this I read that overtime is available but neither guaranteed or mandatory.
So it may not be possible to claim it's part of your "normal" salary.

Side query are those who do the overtime staying under the working time limit?

Prominent_Dawg

notharrypotter wrote: »

From this I read that overtime is available but neither guaranteed or mandatory.
So it may not be possible to claim it's part of your "normal" salary.

Side query are those who do the overtime staying under the working time limit?

It’s not guaranteed but it is mandatory, and yes it’s under the working time limit, however it’s an average 12 hours overtime a week since I started the job over a year ago, therefore the only time I’m getting paid my minimum contracted hours is on my holidays off

notharrypotter

40 + 12 is 52 hours a week.
Been curious are your normal working hours much less than 40 per week?

Always believed the most you could work was 48 per week inclusive averaged over 6 months.

ted1

Is holiday pay not earned ? 8% of time worked ?

notharrypotter

ted1 wrote: »

Is holiday pay not earned ? 8% of time worked ?

Different rules for full time and part time.
Simple rules.
Part time is 8% of hours worked.
Full time is a fixed number of days.

ted1

notharrypotter wrote: »

Different rules for full time and part time.
Simple rules.
Part time is 8% of hours worked.
Full time is a fixed number of days.

Don’t the fixed numbers equate 8% also ?

notharrypotter

I think the legal requirement is 21 days which is probably 8% of the working year.
But it's a legal minimum for a full time worker so can be more.
Part time I believe is limited to the 8%.
But am open to correction and a more detailed answer.

Prominent_Dawg

notharrypotter wrote: »

Different rules for full time and part time.
Simple rules.
Part time is 8% of hours worked.
Full time is a fixed number of days.

I should have said I’m only on a 30 hour contract

micks

Prominent_Dawg wrote: »

When calculating holiday pay, employers should include normal non-guaranteed overtime, which can be claimed within a period of three months, and overtime should be based on the previous three months, taking the average amount of overtime paid to be included in any holiday pay, is this correct?

Holiday pay is supposed to be based on the average of your previous 13 weeks pay (inc OT)
I have only seen / heard of a few companies that pay holiday pay based on this
Even less now after the "bad times"
Unfortunately if your company doesnt pay holiday pay this way only way is to escalate - not sure exactly who to - labour court etc

notharrypotter

micks wrote: »

Holiday pay is supposed to be based on the average of your previous 13 weeks pay (inc OT)

Interesting, do you have a link to a source?

micks

notharrypotter wrote: »

Interesting, do you have a link to a source?

here's one source:

Holiday pay: Pay in respect of annual leave is paid in advance at the normal weekly rate. If your pay varies because, for example, of commission or bonus payments, your pay for your holidays is the average of your pay over the 13 weeks before you take holidays.

as I said its rarer now just like a 39hr working week