0 hours contract holiday pay entitlement

earthwormjim

Hi,

I recently left a 0 hours contract job with immediate resignation and am have not been paid my holiday pay

I have accrued 5 days of holiday pay during my time working there and wish to be paid.

As i understand as a 'worker' on a 0 hours contract i am entitled to be paid for all holiday pay.

I handed in a letter of immediate resignation - will this affect my legal ability to claim this holiday pay from the employer in a tribunal etc or because I'm a 0 hours 'worker' will this be fine from a legal viewpoint

Thanks in advance

anamenottaken

earthwormjim wrote: »

Hi,

I recently left a 0 hours contract job with immediate resignation and am have not been paid my holiday pay

I have accrued 5 days of holiday pay during my time working there and wish to be paid.

As i understand as a 'worker' on a 0 hours contract i am entitled to be paid for all holiday pay.

I handed in a letter of immediate resignation - will this affect my legal ability to claim this holiday pay from the employer in a tribunal etc or because I'm a 0 hours 'worker' will this be fine from a legal viewpoint

Thanks in advance

How long had you worked on this contract? If you had accrued 5 days then it sounds like you had worked there for over a month (in fact at least just short of two months) and therefore would, by law, be required to give them one week's notice, if not more under the terms of your contract.

Did you have a written statement of the particulars of your employment which included how much notice would be required from you?

You mention "immediate resignation". Was this a rejection of hours which had been offered to you? Did your contract allow you to turn down offered hours? (Some say that zero hours contracts mean that a worker can turn down work but this is not necessarily the case.)

earthwormjim

anamenottaken wrote: »

How long had you worked on this contract? If you had accrued 5 days then it sounds like you had worked there for over a month (in fact at least just short of two months) and therefore would, by law, be required to give them one week's notice, if not more under the terms of your contract.

Did you have a written statement of the particulars of your employment which included how much notice would be required from you?

You mention "immediate resignation". Was this a rejection of hours which had been offered to you? Did your contract allow you to turn down offered hours? (Some say that zero hours contracts mean that a worker can turn down work but this is not necessarily the case.)

I had worked there approx 3 months

I never recieved a written contract - simply filled in 1 side of a4 with bank details NI number etc

this is working for a large chain of pubs operating within the uk

i handed in a letter of immediate resignation

I had never 'signed off' any of my rotas etc that i had recieved on a weekly basis since starting work there

hope this answers your questions

brendon

You should be paid any unused holiday pay. Has the company refused to pay you this? What has their response been? I'm assuming you were allowed to resign with immediate effect, without giving notice? If that's not the case, then the company can recover costs from you for not fulfilling your side of the contract which would probably outweigh the 5 days holiday pay (But I think any reasonable company would just pay you to keep things simple.)

anamenottaken

earthwormjim wrote: »

I had worked there approx 3 months

I never recieved a written contract - simply filled in 1 side of a4 with bank details NI number etc So, you should have received written particulars of your employment (statement of start date, etc) but there is little you can do about that now.

this is working for a large chain of pubs operating within the uk

i handed in a letter of immediate resignation You should have given one week's notice. What was the response of the person to whom you handed the letter? Were they content with whatever reason you gave for resigning with immediate effect or did they want you to work during what should have been your notice period?

I had never 'signed off' any of my rotas etc that i had recieved on a weekly basis since starting work there Did you do regular hours - eg 15 a week? Did you ever reject hours offered to you? I'm not sure what you mean by 'signed off' but what is more to the point, did you actually work all the allocated hours?

hope this answers your questions

As you have no written terms of your employment, I wonder how you are sure you were on a zero hours contract. In the absence of any written information (eg no offer letter, staff handbook available), then I assume you have worked out your holiday entitlement by using the statutory minimum entitlement which works out at 12.07% of your worked hours.

Brendon mentions that the employer could try to recover costs from you - but that would be only the difference between employing you for your hours and the cost of paying for someone else which isn't likely to be much if anything. In any case, they should not try to claim anything from you by simply deducting it from your final pay so your holiday pay would be due to be paid with your final pay. If you have not yet received a P45, there is a chance that it will be paid separately from your last hours. Have you asked?

If you do have a P45 write to them asking for your holiday pay. They should pay this and deduct 20% tax.