Zero hour contracts

Billyroc

I have worked for a care company on a zero hour contract for some years, I have worked above 40 hours per week for the last couple of years, due to the death of my client I have received no hours for the past 3 weeks and have been given 16.5 hours next week! My company gave me 5 days holiday pay which I had to use before 1st April but my holiday pay is based on my average earnings over the past 12 weeks, which has obviously been effected as I have earned zero for the last 3 weeks. Even though I'm on zero hour contract I'm lead to believe I have rights and I should still be paid a certain amount even though I've not been given hours, is this true? Also can I claim any benefits whilst I've had no or very little hours. It also doesn't seem fair about how holiday pay is worked out when it's out of my control that I had no hours. Any advice would be appreciated. Thanks in advance.

Sarastro

You are entitled to 28 days holiday including bank holidays but this is pro-rata to the number of hours worked. Holiday entitlement should be based on hours worked, not pay.

Different companies use different ways of calculating the holiday, but if you've been working pretty much full time for the last couple of years, I would have expected more than 5 days holiday; was this the total holiday for a year?

You can claim for JSA and Income Support.
https://www.entitledto.co.uk/help/working-16hrs-IS-JSA

paddedjohn

Weeks were you haven't worked should be discounted in the calculation, they should go back further until they find 12 full weeks.

paddedjohn

From gov site

Calculating average hourly rate
To calculate average hourly rate, only the hours worked and how much was paid for them should be counted. Take the average rate over the last 12 weeks. If no pay was paid in any week, count back a further week, so that the rate is based on 12 weeks in which pay was paid.

Billyroc

Hi yes I get 28 days holiday which run April to April, I had 5 left to use before this April but as I've had no work for 3 weeks this will impact on my average earnings over the last 12 weeks which is how they work it out

Billyroc

Ah thank you that's great, appreciate your reply.

Comms69

Sarastro wrote: »

You are entitled to 28 days holiday including bank holidays but this is pro-rata to the number of hours worked. Holiday entitlement should be based on hours worked, not pay.

Different companies use different ways of calculating the holiday, but if you've been working pretty much full time for the last couple of years, I would have expected more than 5 days holiday; was this the total holiday for a year?

You can claim for JSA and Income Support.
https://www.entitledto.co.uk/help/working-16hrs-IS-JSA

Entitled to 5.6 weeks, just to be clear. So someone working 1 day a week is entitled to 5.6 days annually.

getmore4less

Billyroc wrote: »

Hi yes I get 28 days holiday which run April to April, I had 5 left to use before this April but as I've had no work for 3 weeks this will impact on my average earnings over the last 12 weeks which is how they work it out

As has been pointed out the weeks with no pay should be excluded and older weeks used.

Billyroc

Also acas have informed me I should put in writing to my company that I suggest I am not on a true zero hour contract as I have been employed for over 6 years working a minimum of 40 hours a week. My company do not allow you to pick and choose shifts or work for somebody else, we are given a Rota each week. Acas also said i should ask for redundancy pay (1 week for each year I've been there) as I've received no work for 3 weeks and only 16.5 hours next week, any thoughts on my rights on this one

getmore4less

The legislation for zero hours now says you must be able to refuse shifts and any clauses that say you can't work elsewhere in a contract can be ignored.

Acas are in the right direction detail will be important on how you handle it.

Savvy_Sue

getmore4less wrote: »

Acas are in the right direction detail will be important on how you handle it.

exactly. If you would like this company to find you another client requiring more hours, then asking for redundancy doesn't seem the best course of action to me. And if they've generally been a good company to work for, then they might be worth sticking with, making clear that you are keen to work and hope they will find you new clients soon.

On the other hand, if they've been dreadful (as some companies are!) then moving on would be a good plan.