Are you getting as much holiday pay as you deserve? There’s a big controversy over this right now and many UK workers feel that they’re getting shorted on what they have earned from their employers. Here’s what to expect now and into the future.
The Controversy
The controversy stems from a recent finding that at least 850,000 people received fewer days off than other workers spread across the European Union. This is largely because of a loophole in the working time directive, according to the TUC.
Another 400,000 British workers were missing out because, allegedly, employers denied staff their full entitlement. UK workers are entitled to at least 20 days of annual leave per year. However, they have to rely on their employer’s generosity for the 8 bank holidays.
Other places in the EU, workers get all bank holidays plus annual leave. The average holiday, which includes statutory bank holidays, is 34 days. Austria leads the pack with 38 holidays, while France gives workers 36 holidays, and 32 days in Germany.
In America, this is almost unheard of, with most workers getting a paltry 14 days, if that.
The CBI, however, claims that workers aren’t being cheated out of their bank holidays, and that UK employees receive 5 days more than the legal entitlement of 20.
Holiday Pay On Commissions
If you’re confused about whether you are actually getting what you’re supposed to, it might be a good idea to sit down with a union representative and go over it. Alternatively, you should feel comfortable asking your employer how many holidays you will receive this year.
If you work a commissioned sales job, your entitlements must be factored into holiday payments. This view is based on the ECJ’s ruling in Lock s British Gas. The court technically did stipulate that employers had to take into account the commissions which would be lost by taking holidays.
However, it didn’t say that commissions needed to be included or added if the holiday didn’t cause him to lose any.
Because the issue of irregular pay is confusing, you should consult legal counsel for your specific situation. According to slatergordon.co.uk, employer disputes, contract violations, and work agreements can be tricky to navigate on your own.
Legal representation makes this much easier. You don’t have to necessarily sue your employer, but you should understand what you’re legally entitled to and whether you’re getting it.
Overtime
Another issue is overtime. Overtime for workers should be taken into account when paid annual leave.
But, for this overtime to count, it must be normal overtime, non-guaranteed. Normal overtime would need to be carried on on a consistent basis. For example, if you know you regularly work overtime every Friday or Monday, or work overtime once every month on a rotating schedule, this would be normal and regular, even if it’s not guaranteed that you will always work overtime.
Voluntary, irregular, overtime may be treated differently, however.
Jill Benson has occupied a number of senior roles within large HR departments.She is always pleased to provide her insights and useful information to others online. You can find her articles on a number of consumer and business websites.
