zero hours - incorrect holiday pay

tir21

not sure this is the right forum to get such advice but hear goes

i worked for a company between 2007-2011 and was on a zero hour contract although was given 11 set pre-allocated shifts per month.

the amount of holiday i received was based on those 11 preallocated shifts

however in each month i would usually do about 5 extra shifts that they regarded as overtime - and so those extra shifts would not mean i was entitled to any more holiday

my new company who also pay zero hours - say that my previous company paid me incorrectly - and the extra hours i worked each month should have led to greater holiday entitlement

since i effectively worked holidays i was entitled to - could i claim the money back

thanks

LittleVoice

tir21 wrote: »

not sure this is the right forum to get such advice but hear goes

i worked for a company between 2007-2011 and was on a zero hour contract although was given 11 set pre-allocated shifts per month.

the amount of holiday i received was based on those 11 preallocated shifts

however in each month i would usually do about 5 extra shifts that they regarded as overtime - and so those extra shifts would not mean i was entitled to any more holiday

my new company who also pay zero hours - say that my previous company paid me incorrectly - and the extra hours i worked each month should have led to greater holiday entitlement

since i effectively worked holidays i was entitled to - could i claim the money back

thanks

How much money would this be?

You are too late to claim through an Employment Tribunal but I believe could claim through Small Claims court.

dharm999

tir21 wrote: »

not sure this is the right forum to get such advice but hear goes

i worked for a company between 2007-2011 and was on a zero hour contract although was given 11 set pre-allocated shifts per month.

the amount of holiday i received was based on those 11 preallocated shifts

however in each month i would usually do about 5 extra shifts that they regarded as overtime - and so those extra shifts would not mean i was entitled to any more holiday

my new company who also pay zero hours - say that my previous company paid me incorrectly - and the extra hours i worked each month should have led to greater holiday entitlement

since i effectively worked holidays i was entitled to - could i claim the money back

thanks

You could try but a lot of the larger security companies do exactly this, and claim that the extra shifts you are working are overtime and therefore not eligible to be considered for holiday entitetlement calculations. Its not fair, imo, but they do it and get away with it. If the amounts you re talking about arent large then you may get the money as it may not be worth their while fighting it. You can try, but be prepared that you may not get your money.

tir21

dharm999 wrote: »

You could try but a lot of the larger security companies do exactly this, and claim that the extra shifts you are working are overtime and therefore not eligible to be considered for holiday entitetlement calculations. Its not fair, imo, but they do it and get away with it. If the amounts you re talking about arent large then you may get the money as it may not be worth their while fighting it. You can try, but be prepared that you may not get your money.

its £1,265

i dont think the extra shifts can be regarded as overtime because - as a zero hour contract - there is no set basic number of hours

thanks for reply

dharm999

tir21 wrote: »

its £1,265

i dont think the extra shifts can be regarded as overtime because - as a zero hour contract - there is no set basic number of hours

thanks for reply

To me it sounds like they are basing your holiday entitlement on the 11 preallocated shifts a month, and then saying all the others are overtime, so not included in any entitlement calculation. as you say it doesn't sound right, as you have a zero hour contract. Do the shifts you do above the 11 go on your payslip as overtime?

tir21

dharm999 wrote: »

To me it sounds like they are basing your holiday entitlement on the 11 preallocated shifts a month, and then saying all the others are overtime, so not included in any entitlement calculation. as you say it doesn't sound right, as you have a zero hour contract. Do the shifts you do above the 11 go on your payslip as overtime?

no, its just an overall payment for number of hours worked. i think is clear that i should have had more holidays than i did, but can i claim the money back for effectively not taking the holidays i was entitled to.

i know some companies say that if you don't use your holidays before the end of the year then you don't receive the money instead of the holiday