
A Briefing for All Barnet UNISON Members
1. If You Work Overtime, Read This!
Barnet UNISON is raising an important issue affecting many of our members.
If you regularly work overtime and take annual leave, your holiday pay should reflect your normal average earnings — not just your basic pay.
2. What the Law Says
From April 2025, UK law confirmed what courts have already made clear:
If you regularly work overtime or receive regular allowances, your holiday pay must include these payments.
This applies to at least 4 weeks of your annual leave each year.
3. What This Means for You:
When you’re on annual leave, your payslip should include:
- Basic pay
- Top-up for regular overtime/allowances
No top-up? You may have been underpaid.
4. Legal Backing
This is now backed by:
- British Gas v Lock (2016)
- Flowers v East of England Ambulance Trust (2019)
- Employment Rights Regulations 2023 (in force from April 2025)
These confirmed that holiday pay must reflect what you normally earn — including regular overtime.
5. What to Look Out For
- Did your pay drop while on leave?
- Was there no holiday pay enhancement showing on your payslip?
- Do you regularly work overtime, but see no difference in holiday pay?
If so — you may be owed back pay for up to 2 years.
6. What have Barnet UNISON done?
We have already written to Barnet Council asking the following;
- Confirm the rationale for commencing these payments from 1 April 2025;
- Confirm whether the Council recognises that this change arises from the 2023 Regulations and related case law;
- Requested a meeting to discuss how best to resolve this issue and ensure that members are properly remunerated in line with the law.
7. Get in Touch – We Can Help
Contact us if:
- You think your holiday pay is wrong
- You want help checking your payslips
- You’ve worked overtime and want to know your rights
Email Barnet UNISON at: contactus@barnetunison.org.uk
We are gathering information and may take collective action where members have been underpaid.
Know Your Rights. Get What You’re Owed.
You’ve earned it. Make sure you’re paid fairly — even when you’re on holiday.
Holiday Pay & Overtime – Frequently Asked Questions (FAQs)
1. I work overtime — should that be included in my holiday pay?
Yes — if you regularly work overtime, your holiday pay should reflect your normal average earnings, not just your basic contracted hours.
2. What counts as “regular” overtime?
“Regular” means any overtime that happens consistently or predictably, even if it’s voluntary. If it forms a normal part of your working pattern, it should be included.
3. What if my overtime is voluntary — does that still count?
Yes — courts have confirmed that regular voluntary overtime must be included in holiday pay if it’s worked often enough to become part of your normal pay (see Flowers v East of England Ambulance Trust).
4. How many weeks of my leave should include this enhanced pay?
At least 4 weeks per year of your annual leave must reflect your normal pay, including overtime. This is a legal minimum. Contractual leave above this may be paid at basic rate.
5. How is the holiday pay calculated?
It should be based on your average weekly earnings over the previous 52 paid weeks, including any overtime, bonuses, or allowances you normally receive.
6. How can I tell if I’ve been underpaid?
Look at your payslips during periods when you were on leave:
- Was your pay lower than usual?
- Was there no separate line for “holiday pay enhancement”?
If yes, you may have been underpaid.
7. Can I claim back pay if I was underpaid?
Yes — you may be entitled to up to 2 years’ back pay, but you must act quickly. Legal claims must be made within 3 months of the last underpayment.
8. I didn’t know about this before — am I out of time?
It depends. If you recently became aware of the issue or took leave recently, you may still be in time to raise a claim. Contact us for advice.
9. What should I do if I think I’ve been underpaid?
Email Barnet UNISON at: contactus@barnetunison.org.uk
We can help you check your payslips, raise it with your employer, and explore options for claiming what you’re owed.
10. 1 Does this apply to agency or casual workers?
It depends on your working pattern. If you have a pattern of regular overtime or consistent work weeks, you may still be entitled to holiday pay based on average earnings. Contact us for specific advice.
UNISON is here to make sure you’re paid fairly — even when you’re on holiday.
Barnet UNISON – Fighting for Fair Pay.