Zero hours contract and paid annual leave

gettingready

Perhaps someone can make some sense of this for me pls?

http://www.acas.org.uk/index.aspx?articleid=4469

FACT: Zero hours workers are entitled to annual leave

Any worker or employee starts to accrue their annual leave from the moment they begin working. This includes anyone working on a 'zero hours' contract.

If the 'zero hours' contract means that employment is continuous (see Zero hours contracts), then a worker should arrange when they take the annual leave with their employer.

If the zero hours contract means that the employment will be broken on occasion (see Zero hours contracts), then a worker should receive a payment for any accrued but untaken annual leave.

Someone (not myself) has got a waitress job on "zero hours contract" - work is being scheduled a week in advance with shifts specified for a week ahead (5 days out of seven 30+ hours).

The "boss" said there is no annual leave with the job (not paid one that is) but I came across the above (link/quote) so wonder how does it actually work?

Even the link/quote above does not actually mention paid annual leave.

Any advise please?

Thanks a lot

getmore4less

They mean paid.

Statutory minimum would work out at 12.07% of hours worked.

Getting them to pay it and keep working may not be straightforward.

gettingready

getmore4less wrote: »

They mean paid.

Statutory minimum would work out at 12.07% of hours worked.

Thanks

getmore4less wrote: »

Getting them to pay it and keep working may not be straightforward.

Exactly what I was thinking...

ohreally

Workers are entitled by law to a minimum number of weeks’ paid holiday a year, starting from the first day at work. All workers are entitled to this holiday, including part-time, fixed-term, ZHC workers and temporary agency workers. Details of a worker’s holiday entitlement should be in their written employment terms.

Holiday entitlement must be worked out based on normal working hours, built up over the time the individual works for the employer.

The statutory holiday entitlement for a full-time worker is 5.6 weeks of paid holiday a year.


For part-time workers (including ZHC workers), holiday entitlement will be pro rata to the hours worked. Under the Part-time Workers (Prevention of less Favourable Treatment) Regulations 2002, part-time workers have the right to be treated no less favourably than equivalent full-time workers. This includes the right to the same holiday and holiday pay. The regulations define a “part-time” worker as any worker whose hours are less than those of a full-time worker. This definition covers casual workers and ZHC workers.

It is against the law to pay a worker wages instead of the worker taking statutory holiday. This is because under European law, the purpose of statutory holiday under the Working Time Directive is to protect workers’ health and safety. As a result, employers and workers are not allowed to agree between themselves to substitute pay for unused holiday. The only exception to this rule is when the employment ends with left-over unused holiday. When a worker leaves their job, any untaken holiday must be paid.

Holiday pay should be the same as the wages normally earned when working. It is against the law to pay holiday pay at basic pay only if normal wages include other variable payments, such as commission and overtime. This was established in two important cases brought by unions in the European Court of Justice in the cases of Williams v British Airways [2010] UKSC 16, brought by pilots’ union BALPA and Lock v British Gas Trading Limited [2014] EUECJ C-539/12, brought by public services union UNISON.

It is against the law to pay a nominal sum on termination in lieu of untaken holiday. In Podlasiak v Edinburgh Woollen Mill Limited Case No 2701291/2013, Ms Podlasiak was a ZHC worker. Her contract said that on termination of the employment, she would be paid just £1 in lieu of untaken holiday. The tribunal ruled that this was a breach of the Working Time Directive. Holiday pay on termination must equate to a worker’s normal pay. In other words, outstanding holiday must be pro rata to hours worked, and must be calculated using your normal hourly rate.

It is against the law to include holiday pay as part of the hourly rate of pay. This practice, known as “rolled-up holiday pay”, infringes the Working Time Directive, which says that workers must be paid their holiday at the time that they take it and was established in a case known as Robinson-Steele v RD Retail Services Limited [2006] RILR 386.

A worker absent on long-term sick leave will carry on building up holiday during sickness absence. They can choose either to take paid holiday while off sick, or alternatively, to save holiday up to take as soon as they return to work. It can be a good idea to take holiday when off sick if contractual sick pay has been used up, or if the worker is entitled to SSP only (see page 82). A worker who decides to take holiday during sick leave should contact the employer, with the assistance of a union rep, to give advance notice of holiday plans, following the employer’s holiday procedure. A careful record should be kept.

If your employer will not allow you to take holiday or if you are owed holiday pay, you can contact the Pay and Work Rights Helpline

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gettingready

Thanks - that is all good but when someone does not have any written contract.. wonder how this can actually be dealt with - if it comes to that.

ohreally

A written contract isn't required, the minimum is provided in legislation which is your starting point.

Spendless

I have ZHC at my request as it suited my circumstances. Each time I work I accrue holiday pay. Then when I want some time off and I've accrued a chunk I ask to be paid holiday pay. Some weeks they don't want me in, so that is unpaid and not accruing holiday pay (because I'm not working). It's no different from when I was working at an agency and accruing paid holidays.

gettingready

Well - the person was told there is no paid A/L so will see how it goes.

Took a job as there is not much around but keeps looking for a "normal" position with standard hours and normal conditions like paid a/l, sick pay etc etc as standard...

Thanks a lot for all replies