what constitutes full time and part time hours

Funky_Bold_Ribena

tir21 wrote: »

zzz



thanks but although i couldnt choose to have holiday converted to pay, is there any reason i couldnt come to an agreement with my employer to do this?

One that means they are actually breaking the law.

Unless you do what anamenottaken suggests below...

anamenottaken

tir21 wrote: »

zzz



thanks but although i couldnt choose to have holiday converted to pay, is there any reason i couldnt come to an agreement with my employer to do this?

How many hours are you actually working on your zero hours contract?
Unless zero hours really means you are working 40 hours a week and want to work all those hours, then just ask to be paid for the non-working hours which otherwise you would not be paid for. Job done as it were - you get paid, you work all the hours you want.

Legally the employer is not allowed to pay you for holiday accrued but not taken. Of course, you could come to an agreement with them but it would be a very unwise employer who agreed to this as it is not lawful.

Just accrue XX hours of holiday, say you want XX hours as holiday on a day you don't expect to work, get paid for the holiday.

tir21

ohreally wrote: »

What case are you going to put to your employer to request payment?

they want to move employees from zero hours with rolled up holiday pay to contracted hours but since i rarely need to have any days off then i will suffer a reduction in wages of about 28 days a year

Erinnire

I didn't realise you got paid holiday on a zero hours contract. How do you accrue the holiday?

tir21

Funky_Bold_Ribena wrote: »

One that means they are actually breaking the law.

Unless you do what anamenottaken suggests below...

i dont see why it should be against the law for someone who may only be working 3 days a week to decide not have any holidays in order to earn more money

ohreally

Erinnire wrote: »

I didn't realise you got paid holiday on a zero hours contract. How do you accrue the holiday?

% of hours worked.

zzzLazyDaisy

tir21 wrote: »

they want to move employees from zero hours with rolled up holiday pay to contracted hours but since i rarely need to have any days off then i will suffer a reduction in wages of about 28 days a year

Well that is a different question.

If you are on contracted hours (as opposed to zero hours contract) your holiday allowance will be calculated by reference to your contracted hours, and must be paid when you take your holidays. 'Rolling up' holiday pay into the wages is no longer permitted which may be (part of) the reason for the change.

You can either take the time off as holiday and be paid for it, or lose the holiday allowance. The point of statutory holiday is to give you a break from your normal working hours. That is a legal requirement, and the employer cannot (legally) allow the employee to take the holiday entitlement in cash instead of taking time off work.

Daisy

zzzLazyDaisy

tir21 wrote: »

i dont see why it should be against the law for someone who may only be working 3 days a week to decide not have any holidays in order to earn more money

Maybe you don't. But that is the law. Statutory paid holidays are intended BY LAW to be used as a rest break from work, and cannot be given up in exchange for being paid for them instead. That is the law, like it or not.

Daisy

Edit - you might want to phone the ACAS helpline and put your question to them, as they give free advice on employment matters 08457 47 47 47

paddedjohn

tir21 wrote: »

they want to move employees from zero hours with rolled up holiday pay to contracted hours but since i rarely need to have any days off then i will suffer a reduction in wages of about 28 days a year

If you have been working full time on a zero hours contract they should have been giving you the time off anyway.

theoretica

tir21 wrote: »

they want to move employees from zero hours with rolled up holiday pay to contracted hours but since i rarely need to have any days off then i will suffer a reduction in wages of about 28 days a year

Can you negotiate for more contracted hours and your holiday spread over the year?

If you are currently working (say) 30 hours a week, and not taking any time off then you are working for 30 x 52 = 1560 hours a year. To get the same number of hours work from you, with the legal holiday of 5.6 weeks, they would need to give you about 33.5 hours a week. 1560 / (52 - 5.6) = 33.6
You could then agree to take your holiday at a half day (or 3.5 hours) most weeks so your pay would not have gone down, and your hours would not have gone up.

Of course, if your employer actually wants to save money by this change (and lets face it, many do) then this wouldn't work.