Farmers Weekly Business Clinic: should overtime form part of my holiday pay calculation?

A difference of opinion about how a farm worker’s holiday pay should be calculated threatens to sour relations with his employer.

Since starting work on the farm three years ago, the worker’s holiday pay has always been based on his basic weekly wage; he now believes overtime should be part of the calculation.

But when he raised the issue with his employer – and explained how the 70-hour weeks he regularly works means overtime forms a substantial part of his regular earnings - he was not only given short shrift, but was threatened with dismissal. 

So, does the employer have a case to answer?

Writing for Farmers Weekly’s Business Clinic, senior associate Natalie Ward discusses workers’ remuneration and holiday pay rights in the context of the Working Time Directive, and highlights the role whistleblowing, employment tribunals and Acas could play is helping to resolve the dispute.

Click here to read the full article in Farmers Weekly.

To discuss this matter further, please contact Natalie Ward or other members of Thrings’ specialist Agriculture and Employment and Immigration teams.