A European Judgement on Holiday Pay was made back in May concerning sales reps who are paid commission but receive a plain rate of pay when they go on holiday. The ruling states that employees are entitled to holiday pay paid at an average of actual earnings rather than just plain rate.
The general situation surrounding this ruling is not unfamiliar to UNISON as we have been taking cases and winning them across the UK on this basis for years.
Advice for our members is straightforward: If you feel that your holiday pay is not in line with your normal earnings you should contact your local steward, provide proof of this, and go through the grievance procedure asking for your holiday pay to be increased to the relevant level and backdated. We will then arrange legal support if necessary for free.
Possible enquiries from our members will be surrounding:-
Night Shift Allowance
Non Core Hours Allowance
Contractual Overtime
Regular Non Contractual Overtime etc
No win no fee lawyers are currently trying to sign up clients to fight this type of case for them. The fact is we provide this service for free and have been fighting on these fronts for many years. This ruling applies to all employers.
Contact the branch office on 01698 276291 to be allocated a steward who can assist.
John Mooney