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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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If someone has been working covering a maternity cover at a

Resolved Question:

If someone has been working covering a maternity cover at a higher grade (and therefore salary) for 12 months and this ends 31 March - what rate of pay should they get for holiday taken in April - the higher rate as holiday accrued on that basis or the salary for the substantive post?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Do they return to their original role from 1 April?
Customer: replied 1 year ago.
Yes
Customer: replied 1 year ago.
I was unsure given all the recent press around overtime and commission and pay being averaged if a similar principle should apply?
Expert:  Ben Jones replied 1 year ago.
This situation is unlikely to be covered by the recent cases which have dealt with holiday pay. After everything that has gone through the courts, the general position is that a worker who has "normal working hours" will have their pay for holidays calculated with reference to those hours. This usually means basic salary, disregarding any overtime hours (except guaranteed, compulsory overtime) and without any additional bonuses, commission payments, overtime premiums or allowances. It does not matter when the holiday was accrued, what matters is when it is taken. After all, they are taking time off from their current position and as such they are only ‘missing out’ on pay for that position, which would be covered by their holiday pay. The additional pay they received for the maternity cover would be a type of allowance which is no longer applicable and will not be taken into account. Had they taken the holidays during the maternity cover period, even if they had been accrued prior to that, they would have been paid the higher rate, but as they are taking them when they have returned to their normal role, that is the rate they would be paid. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46782
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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