2 YEARS BACK PAY ON HOLIDAY PAY
For the past 4 years UNISON has been taking legal action against YAS to win for our members ‘payment when they are on holiday as if they had been at work’. What this mean is that if you regularly are 4hrs per week late off shift and regularly do 1 overtime shift a week, then when on annual leave you should receive payment to reflect what you would have earnt had you been at work.
UNISON members who took our advice 3 years ago and submitted claims were successful in winning their cases, they won their cases on compulsory and voluntary over time been paid and the average pay out was £970 per member, since then we have been fighting to get this applied to all staff.
UNISON agreed on the 1st July 2016 to a legal stay on all the cases that we had submitted against the trust on the agreement that any ruling would apply to all staff. UNISON has won several court cases around England and Scotland which have instructed employers to pay out their staff on the voluntary overtime and the compulsory overtime (end of shift) to their staff when on annual leave.
Yorkshire Ambulance Service is awaiting a Royal Court of Appeal case known as the ‘Flowers and others v’s East Of England Ambulance Service’ before paying out the voluntary overtime elements of UNISON’s claims.
The Trust has stated following continuous pressure from UNISON that it is to begin paying the compulsory overtime (end of shift) element on 21st December 2018.
The payment that all staff could be eligible for will be the backdated pay to 1st July 2016 for end of shift overtime you have completed and received payment for.
All end of shift overtime that has been paid will be increased by 8.3086% and this will continue going forward on a monthly basis.
UNISON are still fighting hard for its members to resolve the ‘Flowers and others v’s East Of England Ambulance Service’ so that the voluntary element of this can also be resolved and paid to members, if we are successful in this case, which we strongly believe we will win.
This is a win for UNISON Yorkshire Ambulance Branch for which all staff will benefit.
