Discussion
This goes out to anyone involved in HR... Firstly, I work for an organisation where one is required to participate in an emergency response rota. We're paid pretty well for our endeavours, however there is a potentially serious issue in our company atm where we are not seeing our overtime / out of hours work payments being incorporated into our holiday pay - European employment legislation dictates that holiday pay must be calculated on all work done, not basic salary - as it is with us at the moment. Not sure of the exact piece of legislation but it definitely exists.
I know of one colleague who has raised this with HR around 6 months ago and, as of yet, hasn't received a response. We reckon they're dragging their heels on it, and I'm about to pen a similar query shortly. What I'm wondering is how should I scare them into reacting and thus implementing this legal requirement?
Surely by not abiding by this legislation they are breaking the law and leaving themselves open to investigation at the least?
All feedback welcome.
I know of one colleague who has raised this with HR around 6 months ago and, as of yet, hasn't received a response. We reckon they're dragging their heels on it, and I'm about to pen a similar query shortly. What I'm wondering is how should I scare them into reacting and thus implementing this legal requirement?
Surely by not abiding by this legislation they are breaking the law and leaving themselves open to investigation at the least?
All feedback welcome.
Speaking as an employer, any attempt to 'scare' the company into action is unlikely to end well for the scarer....regardless of the rights and wrongs of the situation.
Written requests for clarification and resolution are the way to go, along with informal requests ad-hoc when you can. Repeated as necessary with increased escalation to the management tiers above if needed. Only then if no response has been forthcoming, should you then contact HMRC and / or ACAS.
I believe that the EU legislation you refer to is currently in a state of contention. The last Labour government accepted a wholesale, a raft of new employment laws rather than consider the merits of each. Cameron contested some of these when in office and were included within his negotiations for reform leading up to the EU vote - which were conceded by Brussels. But because we voted to leave, the changes were nullified until we leave when we'd be on our own but there remains some question as to the enforceability of the rulings. I may be wrong on this but if not, it may explain why the company is dragging their heels a bit.
Written requests for clarification and resolution are the way to go, along with informal requests ad-hoc when you can. Repeated as necessary with increased escalation to the management tiers above if needed. Only then if no response has been forthcoming, should you then contact HMRC and / or ACAS.
I believe that the EU legislation you refer to is currently in a state of contention. The last Labour government accepted a wholesale, a raft of new employment laws rather than consider the merits of each. Cameron contested some of these when in office and were included within his negotiations for reform leading up to the EU vote - which were conceded by Brussels. But because we voted to leave, the changes were nullified until we leave when we'd be on our own but there remains some question as to the enforceability of the rulings. I may be wrong on this but if not, it may explain why the company is dragging their heels a bit.
It would normally be one for the Union to raise with HR but I’m guessing you don’t have one?
If you don’t get a prompt response your options would be initially to raise a grievance and, if this doesn’t resolve matters, then employment tribunal. I don’t think it would be HMRC as they only get excised if the right tax isn’t being deducted.
If you don’t get a prompt response your options would be initially to raise a grievance and, if this doesn’t resolve matters, then employment tribunal. I don’t think it would be HMRC as they only get excised if the right tax isn’t being deducted.
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