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taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6464
Experience:  15 years experience of advising on employment law matters
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After working on a 10hour x 6 days a week months from

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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
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.
Hello Nick do you have any further questions about this?
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.
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