Bectu on Holiday Pay

There continues to be a lot of debate across film and TV about the legislative changes to rolled up holiday pay for irregular hours and part year workers (atypical workers) and whether that has a knock-on effect to other holiday pay arrangements.

Our advice was shared with members in our most recent all member email and made clear that in the legislation the Government has, for the first time, stated that the accrual rate should be 12.07% and that as a result where a calculation is being used to determine holiday pay in any other circumstances (as opposed to an individual calculation based on the length of your contract) our advice states the 12.07% figure should be used.

We know that PACT have issued guidance to their members that they should pay atypical workers holiday pay at 12.07% but other workers can be paid at 10.77% and despite the fact that we have shared our legal advice with them they have doubled down on their position on a webinar for their members in recent days.

It is our view (and PACT agree) that rolled up holiday pay is illegal for anyone other than atypical workers, However if employers in our Sector continue to use a crude calculation of pay for holiday that workers have accrued but that they have been unable to take then it is highly likely that an Employment Tribunal would rule that the 12.07% is the calculation that should be used given that it has for the first time been included in legislation.

Since PACT continue to give advice to their members which runs contrary to the advice that we have received it seems likely that in due course this issue will be determined through an Employment Tribunal where a Bectu member would be prepared to take a test case. In the meantime we would advise members to continue to ask for holiday pay at the rate of 12.07% (clearly identified separately from your daily rate) and advise your official of where that is not being achieved.

More check out this additional article by the TV Watercooler.

Please contact our Bectu Official, Stefan Vassalos via lpd@bectu.org.uk if you have encountered issues achieving the rate.