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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47342
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hello am a lorry driver for a big company,on top of my basic

Resolved Question:

Hello am a lorry driver for a big company,on top of my basic wages I got paid ten pound a day for driving class one lorry,plus shift allowance and lots of overtime per week.when it come to my holiday pay it is only base on my basic wages,we ve been with the company for five years now but other staff that came before us are paid base on basic wages,class one money,shift allowance and overtime.just want to find out what the law say about accuring holiday pay thank u
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Is the overtime guaranteed or optional?
Customer:

optional

Ben Jones :

The law says that employees with normal working hours are entitled to overtime pay as part of their holiday pay calculations when employed for "more than a fixed number of hours in a week or other period". The Court of Appeal held that the effect of this was to equate "normal working hours" with hours that are "'fixed' by the contract of employment, whether or not including overtime". Therefore, guaranteed (obligatory) overtime would count as normal working hours and be included, whereas optional (not-guaranteed) overtime hours would unfortunately be excluded.


 


Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

yea thank u

Customer:

can u please give me the details about the court of appeal case so I can pass it on to my union rep thanks

Ben Jones :

Hi, the The Court of Appeal case is in Bamsey v Albion Engineering and Manufacturing plc [2004] IRLR 457

Customer:

ok thank u

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