PRIVATE & CONFIDENTIAL
«Title, Forename, Surname»
«Address1»
«Address2»
«POSTAL TOWN»
«POSTCODE» / Corporate Resources Department
HR Division
Judith Greenhalgh
Strategic Director of Corporate Resources
Shared Services Centre
John Hadfield House
Dale Road
Matlock
Derbyshire
DE4 3RD
Email:
Telephone: 01629 535119
Extension: (option 1)
Ask for: Time Team
Our ref: PAYROLL NUMBER
Date: 24 May 2017
Dear NAME
Normal Holiday Pay Arrangements
The Council introduced changes to the way it calculates holiday pay in November 2016 to take into account current legislation and recent court judgments relating to the elements of pay which should be included in normal holiday pay in joint collective agreement with the recognised trade unions.
A copy of the Normal Holiday Pay framework guidance is enclosed for your information.
The agreement provides for all elements of regular pay over and above basic pay, including overtime, enhancements and specified allowances as set out in the attached guidance, to be taken into account when calculating your normal holiday pay entitlement. Under this joint agreement the additional annual leave and bank holiday value of those elements of pay included, will be calculated for the current year on the basis of the actual earnings from the previous year.
It has been agreed with the unions that carrying out an annual calculation provides a fair reference period as it ensures that individual’s receive holiday pay based upon their actual earnings. A schedule setting out the calculation for your 2017/2018 entitlement is attached. If you hold more than one eligible post you will be provided with a separate sheet containing the calculations for each role.
You may choose to opt out of the framework and opt for your payments to be calculated in accordance with a formula contained within the Employment Rights Act 1996. For individuals who do not have normal working hours, then rather than using a 12 month reference period your calculation would be based upon your relevant earnings in a 12 week period worked immediately prior to leave being taken. However, if you do decide to opt out of the scheme, you will not be able to opt back in for the remainder of the leave year.
Should you wish to opt out you are advised to discuss the matter in the first instance with your trade union representative, if you are a member. If you then decide to opt out please contact the Shared Services Centre (SSC), Time Team on 01629 535119 and select option 1, who will make arrangements for you to formally notify us of your wish in writing. If you decide to opt out it is likely that your first payment will not be made in June 2017 as your entitlement will need to be recalculated based on the relevant earnings in the 12 week period worked immediately prior to the leave actually being taken since 1 April 2017.
If we do not receive a response from you to this letter by 9 June 2017 we will assume that you are happy to proceed on the basis of the annual calculation paid as set out in this letter, the attached calculation summary and guidance.
It is recognised that this issue is complicated, if you should have any queries in respect of any of the information provided, please contact your line manager, trade union representative or the SSC Time Team for further advice on 01629 535119 and select option 1 or email to .
Yours sincerely
Judith Greenhalgh
Strategic Director of Corporate Resources
V1.2 Restricted upon completion