How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask taratill Your Own Question
taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6339
Experience:  15 years experience of advising on employment law matters
32019188
Type Your Employment Law Question Here...
taratill is online now

After working on a 10hour x 6 days a week months from

Resolved Question:

After working on a 10hour x 6 days a week for 9 months from October 14 to June 15 my employer will not pay my holidays at my normal rate over this period. He will only pay the holidays at my basic rate. I first asked to have my holiday pay reviewed in March last year.I have been through the acas early conciliation process and have a Ref number.My employer said my overtime was voluntary and therefore not included in the holiday rates.this is not true as the contract was for the 6day working and if i did not do these hours i would be posted back to our yard. Do i have a case for my holiday to be related to the previous 12 weeks ? Nick Stamp
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hi Nick, yes your holiday should be paid by reference to your actual hours worked. There is recent case law at the Employment Appeal Tribunal level to support this. You do therefore have a good case against your employer. If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Expert:  taratill replied 1 year ago.
Hello Nick do you have any further questions about this?
Expert:  taratill replied 1 year ago.
Hi Nick if I have answered your question I would be really grateful if you would please remember to rate my answer as I am not otherwise paid for the time I have spent answering your question, thank you and all the best.
taratill and 4 other Employment Law Specialists are ready to help you