overtime

[topman9thnov]

my normal working week is 45 hours, because i have to work overtime every week. yet when i take hlidays i am only paid 37.5 for each week is this right.?

[CheekyChops]

Overtime is not taken into account for holiday pay, you are paid for your normal contractual hours. If this is 37.5 hours then unfortunately thats what you get.

[gammaray]

Bear in mind you don't have to work overtime. Your employer can't force you do do it, nor write it in your contract as a condition of employment.

[jelly-baby]

This is a sneaky way for employers to get you to work and then not pay you when you take holiday. Unfortunately what they are doing is perfectly legal and normal.

[THECORBYLOON]

This is what the ACAS site states

Workers with normal working hours

- If a worker's pay does not vary with the amount of work done then a week's pay is the amount due for a week's work under the worker's contract. Pay for non contractual overtime is excluded.

- If a worker's pay varies with the amount of work done then the amount of a week's pay is the pay for the normal weekly working hours multiplied by the workers average hourly rate over the preceding 12 weeks. This may occur under a piece work, bonus or commission system. To calculate the average hourly rate only hours where the worker was working, and the pay related to them, should be taken into account. Overtime hours can be included although pay for these hours should be adjusted to the normal rate. Any week in which no pay was due, for hours worked, should be replaced by the last previous week in which pay was received for hours worked.

- Shift and rota workers, whose pay varies because they work their normal hours at varying times and in varying amounts in different weeks, have their week's pay calculated differently. Their average weekly hours of work, in the preceding twelve weeks, are multiplied by their average hourly rate. The hourly rate is calculated as above and includes any shift allowance which is payable.