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Zero contracts and Holidays

Hi Hope someone can help me..... My sons 17 and works for Mcdonalds, on a Flexi contract as they call it.... he's availability is 2 shifts a week, which mostly is the weekends as he is still at school, sometimes he gets 1 shift or 2 or sometimes nothing. He has requested Xmas Eve as holiday and been refused. My questions are, can they refuse him with no set hours, did he even need to request holiday, could he have just said he was not available on that day?
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Comments

  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    If it's zero hours then yes ofcourse he can refuse the work, in turn they can refuse to provide further work.


    Did he request is as 'paid leave', which is why the request was rejected?
  • aaroncaz
    aaroncaz Posts: 5,242 Forumite
    Part of the Furniture
    Comms69 wrote: »
    If it's zero hours then yes ofcourse he can refuse the work, in turn they can refuse to provide further work.


    Did he request is as 'paid leave', which is why the request was rejected?

    I did it for him:o just put a request in for holiday.... I don't even understand how much if any holiday he is entitled to.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    aaroncaz wrote: »
    I did it for him:o just put a request in for holiday.... I don't even understand how much if any holiday he is entitled to.
    He's entitled to paid holiday, same as anyone.


    In any case, the answer is as above. Sorry.


    It's worth just double checking the contract really is zero hours. (some are 4 hours for example, which can affect entitlement to leave)
  • aaroncaz
    aaroncaz Posts: 5,242 Forumite
    Part of the Furniture
    Comms69 wrote: »
    He's entitled to paid holiday, same as anyone.


    In any case, the answer is as above. Sorry.


    It's worth just double checking the contract really is zero hours. (some are 4 hours for example, which can affect entitlement to leave)

    How much holiday would he be entitled to? Thanks for your help.

    They call it a flexi contract! He can get different hours every week.... or none at all.
  • spadoosh
    spadoosh Posts: 8,732 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Photogenic
    edited 15 November 2017 at 1:25PM
    Hes entitled to 5.6 weeks paid holiday. This should be pro rata to what he works.

    If you multiply hours worked by 12.07%. (thats the equivalent of 5.6 week as percentage). Youll get holidays owed. Obviously this isnt great at working out future holidays withouth knowing what you will be working.

    Or use this and click 'annualised' or 'casual or irregular hours' entering the total amounf o f hours worked for a given period.

    https://www.gov.uk/calculate-your-holiday-entitlement
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    aaroncaz wrote: »
    How much holiday would he be entitled to? Thanks for your help.

    They call it a flexi contract! He can get different hours every week.... or none at all.



    No I understand, I mean they could call it the McDonalds Super Awesome Team Contract, but read through it just to see what the policies are for paid leave etc. I suspect it is zero hours, but just worth double checking the wording.


    Typically A/L is calculated at 12.07%.


    Given the low hours it's unlikely to be loads. BUT it could be useful in the run up to Christmas. (and if the holiday year is Jan-Dec, it's worth using before losing it)
  • Christmas Eve is one of the busiest days in the year for retail. Why would McDonalds expect him not to work on that day if necessary?
  • aaroncaz
    aaroncaz Posts: 5,242 Forumite
    Part of the Furniture
    Comms69 wrote: »
    No I understand, I mean they could call it the McDonalds Super Awesome Team Contract, but read through it just to see what the policies are for paid leave etc. I suspect it is zero hours, but just worth double checking the wording.


    Typically A/L is calculated at 12.07%.


    Given the low hours it's unlikely to be loads. BUT it could be useful in the run up to Christmas. (and if the holiday year is Jan-Dec, it's worth using before losing it)

    I don't think he has even being given contract or i don't remember one, he started August 16.God knows how many hours he has worked this year! But he has done sometimes 15 or 16 hours a weekend. They are not the nicest company to work for.
  • aaroncaz
    aaroncaz Posts: 5,242 Forumite
    Part of the Furniture
    NineDeuce wrote: »
    Christmas Eve is one of the busiest days in the year for retail. Why would McDonalds expect him not to work on that day if necessary?

    Because he doesn't have set hours that's why. He is not contracted for Sundays or any day for that matter.
  • If zero hours then he can ask to be paid for any time when he is not working.

    That is as long as they don't pay for holiday (shown separately) each time they pay him.
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