POA Circulars

17 | 11.03.2019

ANNUAL LEAVE & ADDITIONAL HOURS PAYMENTS BERRYMAN V SECRETARY OF STATE FOR JUSTICE

The National Executive Committee has been working with Thompsons to address the issue of additional leave for additional hours worked (paid) for some considerable time with HMPPS.

Following the successful tribunal claim, it is the NEC’s belief that this ruling now sets a precedent for all employees, regardless of where they work.

HMPPS have amended their current leave and pay policies and a solution has been reached which is satisfactory to the NEC.

The above case was dealt with at the courts and now provides clear evidence that employees who work additional hours are entitled to have these hours taken into consideration when they take their four statutory weeks annual leave as defined by the Working Time Directive.

The ruling also provides for compensation and back pay. The amount of back pay is limited to 2 years and may be less than that depending on when holidays were taken.

The additional holiday pay is paid at 7.693% which is based on 20 days of statutory holiday averaged over 52 weeks.

So, for example, if you have worked 100 hours of additional paid work at £22 an hour. £22 x 100 = £2200 (total claim) you would calculate 7.693% of £2,200 which is £169.25 for the Holiday Pay due. The same calculation is applicable for Overtime worked by other grades and other payments in the qualifying group.

The arrears will be pensionable if the original additional payment was pensionable.

All payments will be subject to Tax and NI and pension (as applicable).

It is now incumbent on all members who work in any workplace not covered by HMPPS, who work additional hours over their contract but do not receive additional pay to compensate for leave to enter into a Grievance quoting the above case.

Members should also submit Legal Paperwork as available on the POA Website if the matter remains outstanding.

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

Yours sincerely


STEVE GILLAN
General Secretary