To All Members
Circular 55/14 (a)
22nd December 2014
HOLIDAY PAY RULING – URGENT ACTION REQUIRED
Holiday Pay – Overtime
The Courts have recently ruled that workers should not suffer financially when they take Annual Leave. This means that if you receive overtime pay, which is regularly required to be worked, you may be able to claim that you have been underpaid.
In circular 55/14 we advised you that we had written to the department lodging a claim on your behalf in accord with the substance of the recent Employment Appeals Tribunal ruling.
It was our intention to negotiate this matter rather than to bring claims in the Employment Tribunal and remains so. Regretfully, we report that we received a less than obliging reply from the department. Therefore we have been left with little choice but to proceed on the basis that meaningful negotiation will not be possible at this stage.
As a consequence any member who believes that they may have a claim should see circular 55/14 or http://www.acas.org.uk/holidaypay Members working regular overtime wishing to pursue a claim, and who have taken any part of the first four weeks of their annual leave for 2014/15 since 1st October 2014, should lodge a grievance to the Chief Constable using the wording in the attached draft (Annex A).
Importantly and as a matter of urgency members wishing to pursue a claim are asked to advise their branch reps that they have tendered a grievance. In-turn reps are requested as a matter of importance and urgency to advise DPF HQ no later than 9 January 15 of the following details of any member submitting a grievance, so that the matter may be recorded at ACAS for early conciliation (the law says that Tribunal claims cannot be pursued without first undertaking conciliation via ACAS).
A) Full name
C) Date of Birth
D) Start date of employment
E) National Insurance Number
F) Telephone Number
H) Place of Work.
I) Details of overtime worked in last 12 months
J) Dates of annual leave since 1/10/14 which were within the first four weeks of annual leave for 2014/15
K) E-Mail address.
Should your branch not have a rep, we would request that a member take responsible for co-ordinating and making the necessary return. The Area secretary will assist.
We apologise for the short timelines but this is to meet other cut-off dates, we reiterate the NEC preference is to negotiate this matter.
Reps are requested in order to expedite matters to bring this circular to the attention of their branch members/colleagues. In the meantime members should as a matter of urgency locate their payslips for the past year together with a copy of their annual leave. You should also secure your letter of appointment.