POA Circulars

90 | 14.10.2016


It has come to the attention of the National Executive Committee that some members may not be receiving the correct holiday pay. The NEC has raised this issue with NOMS, but they have not received any assurances that NOMS are fulfilling their legal obligations to their employees.

It is well established that a worker should receive a week’s pay when they are on holiday.

There have been significant developments to the law on holiday pay in the last few years in relation to what ‘a week’s pay’ ought to include.

The basic position is that if you are contracted to work a certain number of hours, then you should be paid for those hours when you take holiday. In addition, any guaranteed overtime (overtime that you are obliged to be offered and obliged to accept and work) should also be included in holiday pay. It is now established that in addition to guaranteed overtime, non-guaranteed overtime which is so regularly required for overtime payments to be normal remuneration (i.e. irregular overtime not normal pay), should be included in holiday pay too.

The position in relation to guaranteed and non-guaranteed overtime is more complicated however, it only applies to the first 20 days’ leave in any leave year, any break of three months or more will limit the value of the claim and claims are subject to a two year back-stop. This means that even if there are no breaks in your claim, you can only claim for a maximum of two years.

If, having considered the above, you consider that you are not being paid the correct holiday pay, please complete the attached questionnaire in addition to the Legal Aid Application Form and return to the Legal department at Cronin House at legal@poauk.org.uk or by post no later than 17 February 2017. You must complete all sections of the attached questionnaire in order for your potential claim to be considered. Any incomplete questionnaires will be returned for completion and not assessed. Incomplete forms sent with accompanying documents will also be returned. You should gather the relevant information before completing the questionnaire.

Please draw the contents of this Circular to all members and ensure that all applications submitted are complete.

Thanking you in anticipation of your support and co-operation.

Yours sincerely

Acting General Secretary

Annual Leave Questionnaire - POA Circular 90-2016.docx

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