Zero Hours Contract & holiday pay

susycat0

My son has worked on a zero hours contract for 6 months but has never been given any holiday pay, he has now handed in his notice, but nothing has been said as to whether he is entitled to holiday pay.

Talking to a friend she said he is not entitled to holiday pay as it is a zero hours contract, but I think he may be. Could any of you guys let me know if you think he is?

Thanks

STOCKWIRE

approx 3 weeks @ his average weekly hours worked. But this could include bank holidays if he was paid for them already.

alistair.long

Hi

http://www.legislation.gov.uk/uksi/1998/1833/contents/made

The working time regulation 1998 13 (7) The entitlement conferred by paragraph (1) does not arise until a worker has been continuously employed for thirteen weeks.

Therefore you must have worked at least 13 weeks (you state 6 months) for a company and then you are entitled to holiday pay, and when it is averaged out it you get more not less. e.g 1.2 is 2 days.

and 16 tells you how to calculate it.

So if your son is not getting paid the correct amount it is unlawfull deduction of wages. Personally I would not have handed in the notice.
The government deals with unlawfull deduction of wages, if the employer is not listerning after a simple letter then you can seek legal advice and even goto the employment tribunal

kingfisherblue

My daughter is on a zero hours contract and receives a slightly higher wage per hour to take into account holiday pay. She gets a minimum of £6.50, rising to £7.10 per hour, depending on the client, as a care worker. (Nursing homes and caring for children always attract the higher rate). I think about 12% of this wage is holiday pay.

As she is only 20, the wages are decent for her age.

SarEl

alistair.long wrote: »

Hi

http://www.legislation.gov.uk/uksi/1998/1833/contents/made

The working time regulation 1998 13 (7) The entitlement conferred by paragraph (1) does not arise until a worker has been continuously employed for thirteen weeks.

Therefore you must have worked at least 13 weeks (you state 6 months) for a company and then you are entitled to holiday pay, and when it is averaged out it you get more not less. e.g 1.2 is 2 days.

and 16 tells you how to calculate it.

So if your son is not getting paid the correct amount it is unlawfull deduction of wages. Personally I would not have handed in the notice.
The government deals with unlawfull deduction of wages, if the employer is not listerning after a simple letter then you can seek legal advice and even goto the employment tribunal

This advice is incorrect. The relevant legislation is not the Working Time Regulations but the Working Time Directive. The provisions of the Working Time Regulations 1998 in this respect were outlawed by the European Court in 2001 in Broadcasting, Entertainment, Cinematographic and Theatre Union (BECTU) v. Secretary of State for Trade and Industry, in which the European Court ruled that member states may not adopt national rules which require a qualifying period before the accrual of annual leave begins. Annual leave accrues from the first day of employment.

susycat0

Thanks for the replies I will definately get on to the head office. He has handed in his notice because he has now got a much better job with contracted hours.:)

DCFC79

Shouldn't your son be getting on HO to sort it as after all it was his job.