Today LAS Unison has written to the LAS management regarding an issue we raised at the Staff Council meeting on 14th November 2017 which will result in an increase in the “Holiday Pay” staff receive when on annual leave.
You may remember UNISON won a landmark case at the Supreme Court in February this year representing a member ‘Joe Lock’ against British Gas which resulted in additional payments when on annual leave that relate to the level of earning during normal working days.
The calculation used in the LAS took in to account incidental overtime pay earned on normal shifts to make the additional “holiday pay” when on annual leave however we raised the issue that missed rest break payments must also be included in this calculation.
In addition to this we have now asked that the LAS management consider the more recent UK Employment Appeals Tribunal decision in the case of Dudley Metropolitan Borough Council v Willetts (UKEAT/0334/16/JOJ, 31st July 2017) whereby all regular payments for voluntary overtime made to workers have to be taken into account in calculating those workers’ holiday pay.
The LAS management have assured us they will work on this calculation, however have identified it will involve the interrogation of various systems to calculate this payment and will report back to us as on their progress soon as possible.
This is going to result in considerably larger payments being made to staff for “holiday pay” than we are currently receiving.
We hope this will be resolved in the new year and will report any further progress made on this issue.