holiday entitlement??

purplestar87

hi hopefully someone can help me out with some info and advice.

i started work on 8/11/09 on a 6month contract, 0hours (although i have always been 37.5hours) and although i have asked my team manager several times about holidays she keeps fobbing me off with 'im not quite sure i'll get back to you'

i have a 4 days booked off in a fortnite, but dont know how much im actually entitled to, and do they need to be taken by end of march?? and will i get paid 37.5hours or 0hours??

thanks in advance for any information you can give me

purplestar :staradmin

DCFC79

Does your holiday year end in march as that would tell you when you have to use the holidays by, there is a way to work out how much holiday you get but cant think what it is

Mudd14

Everyone is entitled to 5.6 weeks per annum. As you are on a 6 month contract you would get 2.8 weeks. 2.8 weeks x 37.5 hours = 105 hours holiday

That of course is a very simple way of showing entitlement. They might accrue holiday by the percentage method of 12.07% of every hour worked. So work out how many hours you have worked to date, mutliply it by 12.07% and that equals your holiday fund to date.

Different companies will use different methods of accrueing, as long as it all comes back to 5.6 weeks

jdturk

because its a 0 hour contract would the OP get paid 5.6 weeks pro rata of 0 hours or of the hours she is working....I would have thought the forma

Mudd14

It would be 5.6 weeks either accrued by the percentage of hours worked to date or a average of hours over the previous 12 weeks before the holiday, dependant on how the company works it out!

jdturk

so what it says on the contract is irrelivant? Why would you have 0 hour contracts then?

Mudd14

0 contracted hours is a contract where there is no obligation for the employer to offer work or the employee to accept work. There is a mutual obligation between the parties to offer and decline work. It can work very well as long as both parties understand the type of contract.

You see this type of contract alot where the employer cannot guarantee how much work is available on a day to day basis.

jdturk

Mudd14 wrote: »

0 contracted hours is a contract where there is no obligation for the employer to offer work or the employee to accept work. There is a mutual obligation between the parties to offer and decline work. It can work very well as long as both parties understand the type of contract.

You see this type of contract alot where the employer cannot guarantee how much work is available on a day to day basis.

Interesting! thanks

purplestar87

hi everyone, thanks for all your replys

she said today that as its short term an 0hours they normally jsut pay it when the contract ends but she'll see what the boss says tomorrow. but still doesnt know what i will get paid while im off. argh

will update tomorrow, purplestar

anamenottaken

I assume your 37.5 hours are achieved at the rate of 7.5 hours a day in a five-day week. This week you will have accrued a third of an annual statutory paid holiday allowance, ie already more than 9.3 days.

By now you should have received your written particulars of employment as these are required to be issued within two months of your employment starting. One thing that has to be covered is holiday entitlement. So if they have not yet given you the written particulars, they are not following the law. If they have, check what it says.

If they have agreed to your taking the holiday, then there is no reason why they should not pay you (providing you are not away for more than the holiday accrued). However, they could deny you the holiday until the end of your six-month contract if that is what they want to do.

Regarding the holiday year, if they have not spelled this out differently in your written particulars, then your holiday year started on 8 November and would end on 7 November.