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Colas Rail Holiday Pay

22 July 2016

Your TSSA representatives have had a number of meetings with Colas Rail on the application of Holiday Pay to Colas Rail employees.

 

This followed recent case law 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 elements, rest day working elements, enhanced basis pay elements and other work related allowances.

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. Colas have offered that Lunar (four weekly) paid employees will receive an average weekly pay of the previous three lunar periods and monthly paid staff will be converted into an average twelve weeks from previous 3 months.

The offer will be implemented from the 1st January 2016 with appropriate back pay. Your representatives argued their view that payments should have been backdated to the 1st January 2015, but Colas Rail refused to concede this point. TSSA views this as a sign of bad faith on the part of Colas Rail as we believed they had initially intended to back date to January 2015. If any individual member took any of the first twenty days of their 2015 annual leave in the last quarter of 2015 (October, November or December) we will look at possible claims we may be able to pursue on their behalf.

TSSA, with the support of our representatives intend to accept this offer but, before doing so, would welcome members views.

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