I refer you to previous posts here and here. And I remind you of the fact that Mark Constantine said on the Lush forum that he didn’t see why Lush should have to pay attention to employment law because they’re a small family business and it’s not relevant to them (he’s wrong).
This week an employment tribunal has ruled that overtime should be included in holiday pay. A legal bod of my acquaintance had this to say about it
This is major. But not for any of the reported reasons. Men get massively more cash than women from additional payments such as overtime, commission etc. The fact they now get some credit for that work when they go on holiday is important but it’s not a game changer. So what’s the big news? Employers, especially so-called charities and councils, deliberately employ women on contracts for a token number of hours (10 or 12) but then insist they work 25-30 hours (with no overtime premium). Sometimes the contracted hours are actually zero, hence “zero hours contracts”. This leaves workers in a precarious position not knowing what there actual hours and income will be. Mortgages and loans are also hard to come by. Pensions are reduced etc. The flexibility all lies with the employer.
All this feeds into sick pay,holiday pay and other benefits. A worker with a 10 hours contract gets 10 hours holiday pay even if their regular working week is 30 hours. All part of the average life time pay difference between women and men of one quarter of a million pounds!
From now women will be able to take well earned holidays without taking a pay cut when they take time off. And what is even more significant, we have removed one of the incentives for employers to offer bogus contracts with artificially low working hours. Which is an all round good thing. Chipping away at the position of employers who abuse their power over low paid women is slow and arduous work. But when the Institute of Directors and the CBI are bumping their gums you know your doing something worthwhile. As for the charities and councils? They should have known better. Now they do.
So why bring it up here? Well, because we know that Lush have previous for putting people on part time contracts, giving them full time hours, but only giving them part time holidays. If you are an employee of any organisation, including Lush, and you ever do more hours than your contract specifies, you are entitled to have the overtime pay included in your holiday pay. See your union rep, get it sorted out. If you’re not in a union, join one.