Holiday Pay

[Bollands]

Hi all. I have started a new job with a contract of 40 hours per week as a lorry driver. As you can guess, I rarely do 40 hours and regularly do 50 to 70. My employer wants to pay me the basic 40 hours for a weeks holiday and I have argued that it should be an average of the last 12 weeks or since i started if shorter. He claims that as I am guaranteed 40 hours, my hours are fixed and therefore doesn't have to pay the average worked over the last 12 weeks. This is where the confusion is. Am I on fixed hours? Am I entitled to the average for the last 12 weeks? Also, as I get paid a different rate for overtime, if my average hours are over 40, should I get the overtime rate for the extra hours?

Thanks in advance

[Amethyst]

What's written in your contract ?

Do you claim overtime for hours worked over 40 ? ( do you get paid 40 hours plus overtime or just an hourly rate for all hours worked ? )