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Holiday pay and on call allowance


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I emailed HR again.. they had told me previously that "there is no legal precedent around this subject but we are aware that this is something that we need to better understand"

I have continued reading about this subject and noted that around four weeks ago:

 

The Employment Tribunal decided that it was possible to re-draft existing domestic legislation to include the requirement for commission to be taken into account. This has been achieved by a judicial re-drafting of the Working Time Regulations 1998 to add a new Regulation 16(3) (e) stating “as if, in the case of the entitlement under Regulation 13, a worker with normal working hours whose remuneration includes commission or similar payment shall be deemed to have remuneration which varies with the amount of work done for the purposes of s.221”. This therefore means that workers whose pay includes commission should have holiday pay calculated based on average pay (including commission)... The main point for employers to take from the above is that it is now certain that there is a legal requirement that they include commission payments in holiday pay calculations.

 

It would appear that the payments I receive for being on 24/7 standby fall into the class of "similar payments", as per the original case (against BA) relating to this matter. The whole reasoning behind these cases is that taking holiday should not result in financial disadvantage, which it clearly has over the past 8 years in my case. With the most recent deduction of payments in March 2015, I have now missed a total of 250 days' standby payments in that period.

Anyone got any further experience of situations like this and Lock vs British Gas?

I hate Alliance + Leicester

BT: No longer a customer :)

HSBC: £1222 refunded 28/5/06; Second claim of £737-24 refunded 9/11/06; PPI + interest on personal loan refunded 27/7/08

MBNA: £100 refunded on first claim of £112; £208 refunded on second claim for £108 24/9/07; PPI £256-28 refunded 8/4/08

NatWest: £1581-71 refunded 16/12/06; personal loan CCA agreement not provided

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  • 2 months later...

I finally got a reply on this from HR! Not quite what I hoped for (which would have been back pay for 8 years), but they have finally caved in and said they will pay my on-call allowance when I am on leave. Backdated to a 3-month gap between holidays as per the guidelines that came out of the tribunals, so I will get an extra £600+ gross next month. Ex gratia of course, they don't accept that they are obliged to do this - though they agree that the on-call payment forms part of my normal remuneration as per Williams/BA. They want me to keep this confidential (at least as far as my colleagues being the implication), and accept the payment as full and final settlement. I trust that if the guidelines are further changed or clarified in the future that I will still be able to revisit this..?

 

Better than nowt I guess!

Loz

I hate Alliance + Leicester

BT: No longer a customer :)

HSBC: £1222 refunded 28/5/06; Second claim of £737-24 refunded 9/11/06; PPI + interest on personal loan refunded 27/7/08

MBNA: £100 refunded on first claim of £112; £208 refunded on second claim for £108 24/9/07; PPI £256-28 refunded 8/4/08

NatWest: £1581-71 refunded 16/12/06; personal loan CCA agreement not provided

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