Zero hours contracts and holiday leave

PippaGirl_2

A friend has been working as a domicilliary home carer for the last 16 months. She has never had any holiday leave and works 7 days a week. Not all day on 7 days but at least some hours every day and some days all day. She is on a zero hours contract, doesn't get paid travelling time (and is given a poor fuel allowance) so her hourly wage is well below the minimum wage.

I am going away for a weekend in a couple of months and offered to take her with me so she put in her holiday request form. She heard a week ago that they've turned down her request for the weekend off. I am shocked as she works so hard, hasn't had any holiday leave in 16 months etc. but it has only just occured to me that the employer may not have the right to turn her down given that she is on a zero hour contract?

Does she have any rights to the weekend off at all?

Thanks in advance.

Bella73

Hopefully someone will come along to help but what does her contract say?

PippaGirl_2

Just texted her to ask her! I know she is on a zero hours contract though. Just really feel for her when she works so hard and that employer treats her so badly.

[Deleted User]

PippaGirl wrote: »

Does she have any rights to the weekend off at all?

Thanks in advance.

Probably doesn't get weekends off because your friend sounds so willing, and that is to her detriment (with kindness)


Only consolation most other employers recognise (or starting to) that when your working in homecare, most of the times it is as a stopgap, it is so sad but these companies hands are tied when others won't and don't want to work weekends so it has to fall on someone, I came across so many people who thought care was Mon-Fri hours to suit it was embarrassing, there was no team spirit or discipline, the greatest shame


Assertive training to learn to say NO in a positive manner? or see doctor to get signed off for the time your going to be away because I imagine your friend is stressed anyway - again I found doctor very sympathetic when I worked in care


Unless it is written down the system for having weekends off - maybe job advert from when applied would help hammer home this is unfair, though I'd fear it is to late for boundaries x

cavework

From the ACAS site..
Zero hours workers are entitled to annual leave, the National Minimum Wage and pay for work-related travel in the same way as regular workers.

paddedjohn

She will accrue holidays for every hour worked at a rate of 12.07%.

She needs to calculate the amount of hours she has worked and multiply by 12.07% to get her entitlement in hours.


When is her holiday year from to?

A proper zero hours contract means she can turn down hours anytime.

kingfisherblue

Some agencies that offer zero hours contracts pay an additional amount for holiday pay, in with regular wages. This is at 12.07% and should be marked clearly on the wage slip. It is known as 'rolled up' pay to some people.

Is your friend working for an agency or for a specific company? As well as looking at her contract, does she have a staff handbook (either printed or online?).

getmore4less

One of the key features of a Zero hours contract is the ability to not accept any hours offered.

you both(employer and employee) can chose the hours you work.

if this is not the case it is not a proper zero hours contract and she may be an employee(not just a worker) with the rights that come with that.

edit: I see this was already pointed out by PD.

PippaGirl_2

Thanks everyone. The simple contract she has basically only says that she has no guaranteed hours, doesn't mention holidays or anything.

I will pass this info on and hopefully she will be assertive enough to insist on the time off but she's one of the least assertive people I know so we'll see whether she will.

I went to a meeting yesterday with my LA adult services and they are changing all their domicilliary care. At the moment they commision care from over 200 companies but will in the future be reducing this by putting out to tender. They will only be considering companies that evidence they pay their carers the minimum wage +20% which must include travelling time between service users, as well as training costs, sufficient fuel allowance etc. and I was thinking I think my friend's company may close down in the next 15 months then!

getmore4less

PippaGirl wrote: »

I went to a meeting yesterday with my LA adult services and they are changing all their domicilliary care. At the moment they commision care from over 200 companies but will in the future be reducing this by putting out to tender. They will only be considering companies that evidence they pay their carers the minimum wage +20% which must include travelling time between service users, as well as training costs, sufficient fuel allowance etc. and I was thinking I think my friend's company may close down in the next 15 months then!

Companies will be providing the evidence sufficient to get the contracts but probably will still stiff their workers.

Those analysing the tenders need to spot those that are too low.

They also need to beef up the minimums.

What about hours, paid overtime, WTD for hours and breaks, minimum holidays, sick pay...

They need to make this public knowledge, have help line that any worker can call if they are not getting the relevent renumeration, do plenty of random checks, and not allow those that win the tenders to outsource.

KentishLady

PippaGirl wrote: »

Thanks everyone. The simple contract she has basically only says that she has no guaranteed hours, doesn't mention holidays or anything.

I will pass this info on and hopefully she will be assertive enough to insist on the time off but she's one of the least assertive people I know so we'll see whether she will.

I went to a meeting yesterday with my LA adult services and they are changing all their domicilliary care. At the moment they commision care from over 200 companies but will in the future be reducing this by putting out to tender. They will only be considering companies that evidence they pay their carers the minimum wage +20% which must include travelling time between service users, as well as training costs, sufficient fuel allowance etc. and I was thinking I think my friend's company may close down in the next 15 months then!

I hope your LA is going to be paying the companies who are successful enough money to ensure they are able to meet the mandated staff wages & expenses! I would have thought in many geographic areas the trend is on driving commissioned prices down and getting rid of rural area rates / unsociable hours premiums (and this of course impacts on how much providers can afford to pay their staff).