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Arriva Bus London: Holiday Pay

4 July 2018

TSSA after a series of meetings recently had a final meeting on this issue with Arriva Bus London where the company made two proposals on Holiday Pay for all its employees.

 

This followed legislation where it was held that holiday pay should represent normal pay during the first twenty days of an employee’s annual leave. The elements of pay not previously included within holiday pay included all overtime rates and rest day working depending which option you vote for.

The case law now requires that an average should be taken over a 12 week period prior to the date on the annual leave is taken, hence our discussions.

The TSSA have received the following offer:

· Option One

Continuation of the current approach, but with the inclusion of all overtime earnings in holiday pay (including voluntary overtime and irrespective of the regularity of the overtime) effective from 1 January 2018. All employees to receive back-pay until this date.

· Option Two

Continuation of the current approach, but with the inclusion of all overtime earnings in holiday pay (including voluntary overtime) effective from 1 August 2017, all employees whose average weekly overtime pay is equivalent to, or exceeds £55.39 per week, to receive back pay to this date. For employees whose average overtime pay does not equate to this rate, it will be deemed that there is no regularity of overtime, and for such employees, no further additional payment will be made for the back pay and for the future.

The TSSA believes for our members Option 1 is the preferential one because that is the one that shall cover all extra payments into the calculations moving forward and not limit it to those who have reached a minimum earnings cap to qualify for holiday pay.

Unfortunately employment law restricts our option to challenge the employer for back pay going back to when the legislation was introduced, due to time restraints.

TSSA members have unanimously voted in favour of accepting option one on the company proposal on Holiday Pay.

 

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