Pay rise with no explanation/Refusal to include OT in Holiday Pay

[jon1965]

Hi
A friend of mine works for a company that has compulsory overtime ( although occasionally they cut back on this by maybe 1hr a week). The OT amounts to 5 hrs a week. However when paying holiday pay they pay only the basic pay . Just recently there has been a small payrise but when asked what it's for or why they are given evasive answers or told to put it in writing.
Some people think that this may be a backdoor way of paying for the OT and have been told if they accept this for 3 months they will be deemed to have accepted the new terms. No new terms have been issued.
What do people think, can employees still claim the 5 hours a week holiday pay , this works out at say £300 a year .
The fear is that the company will just manage out those that complain.

This company is privately owned national (possibly international) company

[leclerc]

Re: Pay rise with no explanation/Refusal to include OT in Holiday Pay

Am gonna bump this question up as I know of an employment agency that pays and certain wage for work and a different rate for holiday.....

[Johnboy007]

Re: Pay rise with no explanation/Refusal to include OT in Holiday Pay

Look at your contract of employment.
Most companies only pay the basic rate for holidays.
For example if your working week is 40 hrs, excluding overtime, then that is what the company will pay out as holiday pay.
They told you to put your concerns in writing, so do just that.
Put your questions about the pay rise and any changes to your contract of employment, to your employer in writing.
Write something along the lines of........

To (name of manager) (name of company)
Date.

I have noticed a small increase in my weekly wage, and have not been informed of what it is for.
Could you therefore please clarify why I have received this increase in salary.
I do not consent to any changes in my terms and conditions of employment, pending the outcome to my questions,
Yours sincerely,

(name and department if appropriate.)

Keep a copy of this letter.

An employer cannot change your terms and conditions of employment without your consent, which should be given in writing.

[jon1965]

Re: Pay rise with no explanation/Refusal to include OT in Holiday Pay

Apparently the holiday pay thing is something to do with the working time directive. Remember this is not overtime as such in that there is no option, you can not refuse to do it.

Your comment about not changing terms and conditions is I think a bit of an urban myth although I stand to be corrected

[Johnboy007]

Re: Pay rise with no explanation/Refusal to include OT in Holiday Pay

Apparently the holiday pay thing is something to do with the working time directive. Remember this is not overtime as such in that there is no option, you can not refuse to do it.

Your comment about not changing terms and conditions is I think a bit of an urban myth although I stand to be corrected

This from the ACAS web site.
An existing contract of employment can be varied only with the agreement of both parties.
Some people might assume that a contract of employment consists of only those things that are set out in writing between an employer and an employee. It's true that many of the main issues, such as pay and holidays, are usually agreed in writing.
But contracts are also made up of terms that have not been spelt out. This is either because they are:

• too obvious to mention: for example, you would not expect a contract to say that 'an employee will not steal from an employer'
• necessary to make the contract work: for example, if you are employed as a driver it is assumed that you have a valid driving license
• custom and practice: some terms of a contract can become established over time.

It is best to put a contract in writing - it saves a lot of potential misunderstanding further down the line. In Acas' experience simple misunderstandings over what is or what is not in a contract are one of the main causes of employment tribunal claims.

Believe me my friend, it does need your consent to make fundamental changes to your contract of employment.
https://www.gov.uk/employment-contra...tions/overview

[jon1965]

Re: Pay rise with no explanation/Refusal to include OT in Holiday Pay

Hi John
I only said that because i seem to remember that in my contracts there was a clause giving the employer the right to change terms by giving notice . Of course there is always more than one way to skin a cat.

One of his colleagues has apparently seen a solicitor who has said that by not challenging the change for 12 weeks they are deemed to have accepted it however I would suspect that if they refuse to tell you how can you accept it.

I am not argumentative by nature (no sniggering in the back please) I just like to get all the what ifs sorted and my friend is even worse, makes me seem laid back..no OCD at all ! ( Again no sniggering in the back Ms Parrot)

[Johnboy007]

Re: Pay rise with no explanation/Refusal to include OT in Holiday Pay

Seems to me your employer is trying to change terms without serving notice.
Just get your letter in and the challenge has been made.
And yes if the company have not given you notice of a change in contract, then the 12 weeks is out the window.
I will check on this 12 week thing and get back to you.

[Johnboy007]

Re: Pay rise with no explanation/Refusal to include OT in Holiday Pay

Try reading the attached file ........
John

[Johnboy007]

Re: Pay rise with no explanation/Refusal to include OT in Holiday Pay

Hi John
I only said that because i seem to remember that in my contracts there was a clause giving the employer the right to change terms by giving notice . Of course there is always more than one way to skin a cat.

One of his colleagues has apparently seen a solicitor who has said that by not challenging the change for 12 weeks they are deemed to have accepted it however I would suspect that if they refuse to tell you how can you accept it.

I am not argumentative by nature (no sniggering in the back please) I just like to get all the what ifs sorted and my friend is even worse, makes me seem laid back..no OCD at all ! ( Again no sniggering in the back Ms Parrot)

The clause in your contract of employment, is something that YOU HAD TO AGREE TOO..:tinysmile_grin_t: