Zero hour contract

kfurfie05

Hi everyone,

In March I got a job at a family run hotel/restaurant. There was no contract, but I was advised it was zero hours and that I could book paid holidays. I didn't book any holidays when I was there.

6 months in I quit due to poor running of the establishment and some issued with bullying from management. In my final pay, I did not receive the 6 months holidays I had accrued. I have emailed to ask, but been ignored and since that point ownership of the hotel/restaurant has changed.

Do I have the right to push for my holiday pay? If I do, who do I contact? The new owners or the previous ones?

I did ask other staff members about contracts, but it turns out no one had one, not even long running members of staff and I stupidly didn't pursue it.

Comms69

kfurfie05 wrote: »

Hi everyone,

In March I got a job at a family run hotel/restaurant. There was no contract, but I was advised it was zero hours and that I could book paid holidays. I didn't book any holidays when I was there. - It's abit late now, but you were entitled to a written copy of the contract.

6 months in I quit due to poor running of the establishment and some issued with bullying from management. In my final pay, I did not receive the 6 months holidays I had accrued. I have emailed to ask, but been ignored and since that point ownership of the hotel/restaurant has changed. - What do you mean ownership has changed. You employed you - IE who appeared on your pay slips? Does that entity still exist?

Do I have the right to push for my holiday pay? If I do, who do I contact? The new owners or the previous ones? - Yes you do have a right to paid holiday.

I did ask other staff members about contracts, but it turns out no one had one, not even long running members of staff and I stupidly didn't pursue it.

Your contract being zero hours is abit of a red herring. You are owed holidays.


Calculate what you are owed and claim that via small claims court, against your employer.


Remember that the employer may no longer exist.

sangie595

Legally, a zero hours contract must be in writing. For future reference.

I think the chances of you seeing a penny are slim. You have nothing in writing, and nothing to prove you didn't get paid holiday (or that you did). TUPE only applies to employees, so anything you were owed from the previous owners wouldn't be part of the transfer, even if a transfer in law happened - and it may not have done. That we can't say.

So that leaves you pursuing the previous owners for something you don't seem to be able to prove? If I were a court and asked you to prove you were owed money - how would you do that? If you can't do that, you are wasting your time. Learn the lesson and move on.

kfurfie05

Thanks for both responses.

I have pay slips from March and there is nothing on there to say I was paid holiday pay. Would that be classed as proof or is it not enough?

Thanks again!

sangie595

kfurfie05 wrote: »

Thanks for both responses.

I have pay slips from March and there is nothing on there to say I was paid holiday pay. Would that be classed as proof or is it not enough?

Thanks again!

No. I don't have anything on my payslips that says I have been paid holiday - just that I have been paid! You wouldn't be given something that says you were paid (or not paid) holiday pay. You might have a separate line that shows accrued holiday pay, but that would only apply if it was rolled up holiday pay (which is not always lawful anyway). You could chance it. But without some evidence that some of that payment wasn't holiday, and without any obvious person (and bear in mind, as said previously, your employer may not now exist legally anyway) to claim against, you might be looking at a long haul. Up to you.

Whatever you decide, make sure the lesson isn't lost.... Getting done over twice is carelessness.

kfurfie05

Thanks for the response.

Oh, this lesson most definitely isn't lost! My fault for trusting in a family business. I think I'll still try and get in touch with the previous owners (the company still technically exists, as they didn't sell the adjoining golf course and so the company still exists to pay employees there). Perhaps it was just an oversight on their part?

Or perhaps that's just me being too trusting again! XD

Thanks again!

sangie595

If the company still exists, you may have more chance. But yes, stop trusting people unless they prove they are worth trusting. Get employment terms in writing. If they won't give them, wonder why???