Hi just wondering if anyone has access to a template for claiming back underpaid holiday
there are 2 , i to claim and the second to advise the company that ongoing deductions will be a breach of regs
" The letter cites the recent cases and warns employers of their “obligation to pay holiday pay at the same rate as normal pay and specifically which include payments intrinsically linked to the worker’s performance and status”.
A second letter warns that “failure to make the payments amounts to an ongoing failure to comply with the provisions of the Working Time Regulations 1998 and a series of unlawful deductions from wages
unison/unite are doing this via a collective solicitors the other unions seam to be at local level only
find it odd how just about every trucker in the land comes under this ruling but no replies to my post
TEMPLATE FOR GRIEVANCE LETTER TO BE SUBMITTED BY MEMBER TO EMPLOYER
Dear [insert name of HR]
I consider your failure to pay [insert payments, bonus pay, shift pay, night shift, overtime, etc.] in the calculation of my/our holiday pay which was paid on [insert the date the last payment was made for holiday pay] is in breach of the Working Time Regulations 1998 as applied in the cases of British Airways v Williams 120127 ICR and Lock v British Gas Training Limited C-539/12.
For the avoidance of doubt, I consider that your failure to make the payments amounts to an ongoing failure to comply with the provisions of the Working Time Regulations 1998 and a series of unlawful deduction from wages.
I should be grateful if you could arrange a grievance hearing to consider this matter in accordance with the company’s procedures and request that you contact my Union representative [insert Union representatives details] to arrange a mutually convenient date within 7 days of the date of this letter.
Please kindly acknowledge receipt.
Yours sincerely
[Name of member]
Felix, not sure if the floodgates are open on this just yet? I work for a large U.S. owned company, not in haulage and have broached this with HR. Got told ruling going to further appeal, probably European court.
Munchkin:
Felix, not sure if the floodgates are open on this just yet? I work for a large U.S. owned company, not in haulage and have broached this with HR. Got told ruling going to further appeal, probably European court.
If you want what you think you’re owedthe floodgates ned to open now.
Felix is right to be worried after 1 july 2015 any claims can only be backdated 2 years.
i might not be 100% but at the last rha meet we were told the original ruling is upheld, as no one had appealed in the time frame allowed, which is the same amount for all such rulings, and it was then said you could only claim from the some thing of November 2014 as this was the end of the time limit, and there is a three month limit to which you can go back and as such we should just adjust the pay as from jan 1 2015, also as only the twenty days are claimable not the bank hols, we should say to the employees that the first twenty days will be paid as enhanced pay inc b/hols the remaining days would be all at a flat 8 hours or your pay structure, the fact that there will be two easters within the year will have an impact but I cannot remember what he said as the sandwiches and coffee had arrived.
unite have not appealed as do not wish to be the union who cost the uk a fortune,go to .gov and they after unite withdrew from claim gave a mandate for claims to end after july.
so you need to put claims in before then or only 2 years of backdates claims will be allowed
cant say who i work for and and I am a rep so handling claims for many drivers, our company is paying 6 yrs (big big big company) i think they have horses there■■?
approx 4 weeks per yr (wtd) in my case @ £180 overtime a week = @ £720 x 6 yrs less tax etc
company can not afford to look through unpteen thousand drivers time sheets so are doing the average which is ok for some but not for those who maybe have changed shifts and did many hrs a few yrs ago
in all honesty they are getting off lightly, I was all for going back to 1998. I have had many drivers start who after a few months when having taken some time off ask why they do not get average pay as DID at previous company
essentially all this started with some comaponys paying correctly but many were not, chit chat lead to this