Casual Employee - Holiday Pay?

CrispyUK

Hi all,

Have been doing various bits of research on this but wanted to see if anyone had similar experience or firm knowledge of this kind of stuff

As a bit of background, I worked for this company 5 days a week, part time evenings until September 2005 when I left to go to university - since then I've been back numerous times to help them out when I've been home and they've been busy/staff holiday/staff shortage/etc. Hours are irregular, some weeks nothing, some weeks a couple of hours, other weeks 20hrs+ - so I guess this makes me a casual employee / worker for them.

Now I've not been getting any holiday pay but from what I've read it seems that I should be getting it - can anyone confirm this?

It looks like casual workers usually have holiday pay calculated on a accrual basis (ie. as a percentage of hours worked). This would match what Reed did when I was on an assignment with them.

Just really looking for anyone who has been in a similar situation or has knowledge of employment law to let me know if I'm on the right lines here or talking twaddle - save me embarrassing myself when I ask my boss for 2 yrs accrued holiday pay

badmumof1

i worked casual for 5 years for same firm and never got holiday pay
some weeks i would work 10 hours other would be like 35 hours.
if i didnt work i didnt get paid and i was only on 5 pounds a hour

how do you go about your tax and NI ?

fengirl_2

Yes, you are correct, you are due holidays, even as a casual worker, or pay instead. From 1 Oct, full time employees are due 24 dyas leave a year, including Bank Holidays, so for part time staff, the allowance is pro rata. Most employers calculate the hourly rate for holidays and pay accordingly.
The ACAS website (and their helpline) are excellent.

dawnydee73

Where I work, our casual works have 7.8% added to their wage each time they work for holiday pay.

LittleVoice

dawnydee73 wrote: »

Where I work, our casual works have 7.8% added to their wage each time they work for holiday pay.

They should find it is going up as from yesterday. (One of my agencies used to pay 7.69% at the end of an assignment and now will pay 9.23% at the end of an assignment (usually the end of term as it's teaching work).)

liney

Nm, i misunderstood.

sadie11

I work casual now and everything 13 weeks we receive holiday pay.

So every 13 weeks our hours are added up and divided by 13 giving an average hours worked per wk so even if you work 20hrs one week and only 6hrs the week after it is done fairly.

LittleVoice

sadie11 wrote: »

I work casual now and everything 13 weeks we receive holiday pay.

So every 13 weeks our hours are added up and divided by 13 giving an average hours worked per wk so even if you work 20hrs one week and only 6hrs the week after it is done fairly.

Unless the current 13 weeks started on 1 October - or they have been paying at the current rate for minimum holiday entitlement - then make sure that the calculation is done on a pro rata basis the next time it is calculated.

Conor_3

dawnydee73 wrote: »

Where I work, our casual works have 7.8% added to their wage each time they work for holiday pay.

That is illegal. "Rolling up" as it is called, where your holiday pay is included with your wages on pay day, was deemed to be illegal and against the law by the European Court of Justice in March 2006. The firm taken to court where the ruling was made, not only had paid the workers their holiday pay every pay day but were ordered to then pay them for the time they were off on holiday and received no money as they'd already had it as part of their wages.

From the DTI...

"
- Following an ECJ judgment in March the DTI have today amended their regulatory guidance as follows:
Following an ECJ Judgement on 16 March 2006, Rolled Up Holiday Pay (RHP) is considered unlawful and employers should renegotiate contracts involving RHP for existing employees/workers as soon as possible so that payment for statutory annual leave is made at the time when the leave is taken. Where an employer has already given RHP in relation to work undertaken, and the payments have been made in a transparent and comprehensible manner, they can be set off against any future leave payments made at the proper time.''

dawnydee73

Conor wrote: »

That is illegal. "Rolling up" as it is called, where your holiday pay is included with your wages on pay day, was deemed to be illegal and against the law by the European Court of Justice in March 2006. The firm taken to court where the ruling was made, not only had paid the workers their holiday pay every pay day but were ordered to then pay them for the time they were off on holiday and received no money as they'd already had it as part of their wages.

But if they are casual workers they do not book time off for holidays, they just don't work. Also how can you work out the holiday pay if they don't work regular hours, we have some who are students and only work in the holidays.

Savvy_Sue

You calculate it on the previous X weeks.

When I was employing students I worked out each week how much holiday pay they'd accrued. If they were only working term-time, I paid it to them at the end of term and vice versa.