Our Ref: HC/9/8
2nd July 2019
CALCULATION OF HOLIDAY PAY – RAIL GOURMET
I am writing in relation to the above matter and to advise you that in an European Court case it was ruled that overtime and other “normal remuneration” should form part of an employee’s holiday pay calculation when on annual leave. This means that should your pay be enhanced by overtime, premiums or other enhancements then you shouldn’t lose out by taking annual leave. This applies to the 4 weeks leave granted under the Working Time Directive, the UK courts have given their final ruling on this judgement; which means it is now part of UK legislation.
It has come to my attention that Rail Gourmet has failed to comply with this legislation and that you and your colleagues are now being unfairly and illegally affected by the company’s lack of implementation of this ruling. I have written to Rail Gourmet and asked that they provide details of the holiday pay already paid to you and your colleagues and the sums owed. Should the company fail to provide an adequate response, then we will have no other option than to take further legal action and start legal proceedings for the unlawful deduction of wages.
Whilst, I am hopeful that litigation will not be necessary, if the attached information is not provided by the company and an agreement not reached on the holiday pay sums due, your union will not hesitate to escalate this further and do everything to defend you and your colleagues.
I trust this keeps you fully advised and I ask that you all remain vigilant to this issue. I will write to you all again in due course.