Holiday pay not tallying with regular hours

[hhh_88873]

Not a complaint so much as a query.

 

I work 12 hour night shifts and recently took three weeks off as I couldnt get paternity leave.

 

Now usually my shifts pay rate is ten hours of my 12 are paid at normal time and the last two hours are time and a half.

But on checking my wage slips for when Im off instead of being paid my usual 40 hours standard and 8 hours at overtime which is what I get every week, Ive been paid 40 hours standard and no sign of of the 2 hours per shift at overtime rate.

 

When I ask Im told its standard company procedure to not pay the last 2 hours of my normal shift when Im on holidays as its paid as overtime.

 

When I point out my contract is 48 hours, 4 12 hour shifts Im told its irrelevant and thats just what the company does.

 

This sounds iffy to me and Im down by 8 hours at £10.85 at hour for three weeks straight because of it which adds up pretty quickly!

[CrappoMan]

If your contract does state 48hrs, then you should be paid 48hrs per week holiday pay.

 

Read this: https://www.judiciary.gov.uk/wp-content/uploads/2014/11/bear-scotland.pdf, maybe give a copy to your HR dept and ask them to read and understand it.

[Haven]

Do you happen to be a security guard? My ex's employers tried to underpay him each time he took a holiday, he would lose 50% of his pay. We ended up at a tribunal which we won. Best to go through your contract and take advice from ACAS.

[renegadeimp]

Why couldn't you get paternity leave? Isn't it a statutory right?

[becky2585]

This is actually a very complex legal area.

 

How is the overtime arranged? Is it compulsory and guaranteed (ie does it have to be available when you want it, and do you have to accept it when offered) or is it not guaranteed or is it purely voluntary?

[hhh_88873]

It's not actually overtime. Our shifts are 4 12 hour shifts. The last two hours of which are paid at time and a half, I've no idea why.

 

So when I took a regular slot off it just seemed off that they took the higher paid hours away. It's a big hit to take in a single week.

 

My gut instinct is that it's a ploy to discourage the taking of more than a day or two of holiday at a time.

 

And I couldn't get paternity as I started three weeks too late on the qualifying period for it.

[SabreSheep]

I think I can add some clarity.

 

From what I can work out the OP gets paid 2 hours of each shift at a Higher amount.

 

In this case overtime is not an accurate word to describe it and is prob confusing matters.

[hhh_88873]

I would agree except on my pay slip it's separated in 40 'single rate'

Then actually written and specified 8 hours 'overtime'

 

So I'm confused as to what exactly is going on

[SabreSheep]

it seems the term overtime is being misapplied. If you are contracted for 48 hours, then those 8 hours are at a Premium rate"

 

Your contract should be the king here, not what that have chosen to put premiums on the payslip as

[hhh_88873]

My contract specifies 48 hours but doesn't mention a higher rate or anything else for the last two hours.

[becky2585]

The basic position in the scenario you describe is that your employer should pay you for the actual hours worked and take home pay received. You should not be at a financial disadvantage for taking annual leave.

 

Shift premiums and compulsory overtime do need to be taken into account, so it doesn't matter too much how they choose to label it, the likely fact is that you should be paid for the 48 hour equivalent pay when taking a week of leave. Your employer can't choose to opt out of that by saying its "company policy"!

 

A formal grievance is the way to go. If you're entitled to pay, and there has been a series of under payments for holiday pay, you could claim up to two years back pay.

[hhh_88873]

Problem is I haven't been there two years so if I do then turfing me for rocking the boat is gonna be simple enough for them

[CrappoMan]

If you can show a link between your grievance and them 'turfing you out' then you can make a claim for unfair dismissal, for trying to assert a statutory right. You don't need 2 years service for that.

[becky2585]

Spot on. Asserting your right not to have money unlawfully deducted from your wages is a relevant statutory right so you would have some protection if you worded your grievance in the correct way.

[hhh_88873]

Well Im back in for 4 days tonight, then 4 off, then I have another 4 days of holiday while I attend a motorbike rally in belgium.

Im going to be interested to see if I end up with the same deductions for these holidays or if the other situation was merely an oversight. Time will tell.