Holiday pay on 0 hours contract - now left, help please

nimbo

Hi all,

I was working for a company on a 0 hours contract (I was told I wouldn't work less than 16 which I didn't) for 8 weeks.

The pay was NMW, and one of the women was urm, shall we say an ogre... Asking new members of staff if they were going to have babies, as she wouldn't cover mat leave, and b!tching about members of staff on the shop floor - loudly with factually incorrect and inflammatory information... (there was worse, but there just isn't space here!!)

I handed in one weeks notice as required when I was offered a job by my SIL out of the blue. I even timed the notice to ensure I covered the horrid really early start, as there was someone on leave that week.

In my notice letter I stated that I wished to have all deductions I owed them taken out of my last pay (they were charging me £2.50 a week for uniform - up to the value of £14 supposedly), I also requested that I be paid for holiday I was owed.

Now according to my payslips I have paid £20 for my uniform - which I am not that bothered by.

However should I be owed some holiday pay? My contract stated that I was not allowed to take any for 12 weeks from my starting (I had nothing pre booked which they would have honored).

I worked 175.5 hours (21.93 on average a week - average 4.3 hrs a shift).

I was entitled to 5.6 weeks a/l a year.

I have used the sum 23 days divided by 52 weeks a year.
meaning they should owe me 3.53 days of annual leave?

Does this sound about right, or is it pie in the sky?

Many thanks.

paddedjohn

Work out your total hours worked and multiply by 12.07%, that's what your entitlement is in hours.

nimbo

paddedjohn wrote: »

Work out your total hours worked and multiply by 12.07%, that's what your entitlement is in hours.

I think that works out at about 21 hours.

Many thanks.

stix62

paddedjohn is spot on but i'm just curious how you reached ...'I have used the sum 23 days divided by 52 weeks a year.
meaning they should owe me 3.53 days of annual leave?'

Assuming you worked 40 days in total, the correct calculation to work out your holiday entitlement 'percentage' would have been:-

40 divided by 232 ...(232 is the number of days you actually work in a 52 x 5 days a week year if you take the statutory minimum 28 day holiday entitlment - which includes bank holidays)....mulitplied by 100 to give the precentage = 17.24%
28 x 17.24% = 4.82 hol. days owed

175.5 divided by 40 = 4.3875 average daily hours
4.3875 x 4.82 = 21.14 hol. hours owed

nimbo

stix62 wrote: »

paddedjohn is spot on but i'm just curious how you reached ...'I have used the sum 23 days divided by 52 weeks a year.
meaning they should owe me 3.53 days of annual leave?'

Assuming you worked 40 days in total, the correct calculation to work out your holiday entitlement 'percentage' would have been:-

40 divided by 232 ...(232 is the number of days you actually work in a 52 x 5 days a week year if you take the statutory minimum 28 day holiday entitlment - which includes bank holidays)....mulitplied by 100 to give the precentage = 17.24%
28 x 17.24% = 4.82 hol. days owed

175.5 divided by 40 = 4.3875 average daily hours
4.3875 x 4.82 = 21.14 hol. hours owed

I thought 5.6 weeks equated to 23 days - which is what I was entitled to, and as I didn't specifically work 5 days a week I was trying to calculate the weekly accrual that I would have got.

Sorry I did it wrong - but that is why I asked I don't know the intricacies of how this type of thing works.

System

Do you get holiday pay on 0 hr contracts?

nimbo

CHRISSYG wrote: »

Do you get holiday pay on 0 hr contracts?

yes it is mandatory for all workers as far as I am aware.

Also when specifically asked the company stated that we would get it - for me working 'no less than 16 hours' it worked out better than being on a 16 hour contract and always doing overtime.

RoxRoxBling

Yes you're right. You do get holiday. Have a look on the gov.uk site about holidays, that should give you the correct holiday allowance. As in, it'll give you a formula to work out how many hours they owe you.
I'd first query it verbally, this should prompt them to sort it out.

paddedjohn

You earn holiday for every single hour worked at a rate of 12.07%. If you work 10 hours you will have earned 1.207 hours holiday.

nimbo

RoxRoxBling wrote: »

Yes you're right. You do get holiday. Have a look on the gov.uk site about holidays, that should give you the correct holiday allowance. As in, it'll give you a formula to work out how many hours they owe you.
I'd first query it verbally, this should prompt them to sort it out.

I had queried it verbally - in store, and the manger had yet to pass on my message to head office. (After a week or so).

However I popped in yesterday to request it again, and get their number as it is on the internet wrong, I then followed up with a call the area manager has stated that I need to contact the person in head office who deals with wages, and they will be back in on Tuesday... (Progress at least).

They have provided me with the number for head office.

We shall see if it will be forthcoming. :cool:

Thank you all so much for the input, and help.

Funky_Bold_Ribena

RoxRoxBling wrote: »

Yes you're right. You do get holiday. Have a look on the gov.uk site about holidays, that should give you the correct holiday allowance. As in, it'll give you a formula to work out how many hours they owe you.
I'd first query it verbally, this should prompt them to sort it out.

Yes - the answer was given in post number 2.