No holiday pay or Statutory sick pay on temporary zero hours contract!?

joed123

So i have started working without a contract.

Now i have received it, my employer says that there is no holiday pay or statutory sick pay as a temporary worker on zero hour contract. I am quite sure that this is not right but not sure what to do about it.

Taking into account no holiday pay on min wage would mean that im actually over the year being paid below min wage.

The thing is I don't want them to not pay me for the 3 weeks i have allready done and want to be paid. If they say that i wont be paid holiday pay etc should i take it further, ie what is the cost invovled in reporting them?

Or just accept it and sign it and then leave as soon as possible?
Can i accept their contract then report them anonimously?

getmore4less

HMRC deal with min wage complaints,

if they have other workers on temp contracts then there will be more effected.

https://www.gov.uk/government/organisations/hm-revenue-customs/contact/national-minimum-wage-enquiries-and-complaints

System

joed123 wrote: »

So i have started working without a contract.

Now i have received it, my employer says that there is no holiday pay or statutory sick pay as a temporary worker on zero hour contract. I am quite sure that this is not right but not sure what to do about it.

Taking into account no holiday pay on min wage would mean that im actually over the year being paid below min wage.

The thing is I don't want them to not pay me for the 3 weeks i have allready done and want to be paid. If they say that i wont be paid holiday pay etc should i take it further, ie what is the cost invovled in reporting them?

Or just accept it and sign it and then leave as soon as possible?
Can i accept their contract then report them anonimously?

you should get both even when on zero hour contract.

Best to phone ACAS on 0300 123 1100 and get their opinion on what to do next.

System

As above, you are entitled to holiday pay.

Get your pay, leave, ask them where the holiday pay is if it isn't on your last week's pay. If they continue to say they don't pay it calculate what you're owed and send them a bill. If they still don't pay send them a letter before action which states they have X working days to pay and if the money isn't in your bank on Y date you will begin proceedings to recover it. Make sure you send all letters to them by recorded delivery and keep a copy, don't do it by email or text. If they still don't pay then it is onto Moneyclaim and file a claim online which costs £35 and you can recover from your employer and the best part is if they don't turn up at court to defend it is an automatic win for you.

joed123

OK, is £35 all it will cost me to go to court?

Will the fact that i would have signed a contract that states no holiday pay in it be held against me though? (Asking for them for it after agreeing to not having it)

joed123

OK, is £35 all it will cost me to go to court?

Will the fact that i would have signed a contract that states no holiday pay in it be held against me though? (Asking for them for it after agreeing to not having it)

Tarambor wrote: »

As above, you are entitled to holiday pay.

Get your pay, leave, ask them where the holiday pay is if it isn't on your last week's pay. If they continue to say they don't pay it calculate what you're owed and send them a bill. If they still don't pay send them a letter before action which states they have X working days to pay and if the money isn't in your bank on Y date you will begin proceedings to recover it. Make sure you send all letters to them by recorded delivery and keep a copy, don't do it by email or text. If they still don't pay then it is onto Moneyclaim and file a claim online which costs £35 and you can recover from your employer and the best part is if they don't turn up at court to defend it is an automatic win for you.

glentoran99

No it wouldn't go against you, Illegal contract terms are still illegal

System

£35 is all it would cost you, paid holidays are a legal statutory right and cannot be taken away no matter what it states on a contract. The EU Working Time Directive states a mandatory 20 days minimum for all EU member nations that has to be taken off work and which cannot be negotiated away or "sold" back to an employer. Because we have 28 days paid holidays in the UK you can "sell" back up to 8 days to your employer.