The BBC have paid out an estimated £2.8 million in the form of back
holiday pay to over 11,000 employees after discovering they had been
calculating holiday pay incorrectly.
Thee BBC had erred in paying holiday pay based on basic salary only.
The Working Time Regulations require that if the employee's salary
includes additional payments for unsocial hours worked, then the
holiday pay must also include these. Given the nature of the BBC, many
of its employees work unsocial hours and were therefore entitled to
payments backdated to October 1998 to take account of all night shift,
Christmas and extra responsibility reward payments.
It seems the BBC were unwittingly in breach of the Working Time
Regulations. This poses the question of how many other employers are in
ignorance of their requirements under the Working Time Regulations and
are incorrectly calculating holiday pay. The Broadcasting Entertainment
Cinematograph and Theatre Union have contacted a number of other
employers across broadcasting, including ITV, Channel 4, ITN, Ulster
TV, S4C, MTV and ntl, and have asked them to consider whether they need
to make similar adjustments to the way holiday pay is calculated.