Zero Hours Contract Rights?

nad1611

Beverley_Hillbillies wrote: »

Well done :beer:



This is the advice to follow

Hee Hee :rotfl:

sangie595

nad1611 wrote: »

Hee Hee :rotfl:

Showing your true colors now. I notice you've had so much more advice after your late night posting. Your troll friend didn't have anything to add to help you, did they?

nad1611

Just a little further help with this if I may. Let's presume my daughter is entitled to holiday pay and that she hasn't been being paid for it. The days she's taken off are very few because she obviously isn't getting any pay whilst she's not been working. How does this work now?


If for example she hasn't taken holiday and/or been paid when taking holiday, can she claim back all the pay she's missed out on during this employment?


Now let's say that she is being paid holiday pay but that it forms part of her hrly rate, this "rolled up holiday pay" mentioned above. I can see that this should not be the case and if it is then .gov says the contract should be renegotiated. Also that any apportionment should be clearly broken down on payslips. I know this isn't the case because I've now seen the payslips. All it says is;


Basic 1
The Hrly Rate
Units Due(Hrs)
The amounts and total for the year.


Tax

National Insurance

Pension Contributions
Total Tax to Date followed by the amount.


So, what should she do about this? Is this just frowned upon or actually illegal? Thanks again.

nad1611

sangie595 wrote: »

Showing your true colors now.

Yep, that's me a happy little soul rolling around laughing.

nicechap

nad1611 wrote: »

Just a little further help with this if I may. Let's presume my daughter is entitled to holiday pay and that she hasn't been being paid for it. The days she's taken off are very few because she obviously isn't getting any pay whilst she's not been working. How does this work now?


If for example she hasn't taken holiday and/or been paid when taking holiday, can she claim back all the pay she's missed out on during this employment?


Now let's say that she is being paid holiday pay but that it forms part of her hrly rate, this "rolled up holiday pay" mentioned above. I can see that this should not be the case and if it is then .gov says the contract should be renegotiated. Also that any apportionment should be clearly broken down on payslips. I know this isn't the case because I've now seen the payslips. All it says is;


Basic 1
The Hrly Rate
Units Due(Hrs)
The amounts and total for the year.


Tax

National Insurance

Pension Contributions
Total Tax to Date followed by the amount.


So, what should she do about this? Is this just frowned upon or actually illegal? Thanks again.

If you've already found the answer to your hypothetical question, why are you asking strangers on the internet?

Let us know how your daughter gets on "re-negotiating", presumably from a position of strength.

Savvy_Sue

To claim the unpaid holiday pay, she'd need to know when her leave year starts and ends: it's unlikely she'd be able to claim for any previous years, and if her contract is silent on this point then it's presumed to start on the date she starts. There's no enforcement of taking / being paid for your leave entitlement if you don't claim it, which is why any previous years are almost certainly lost.

personally I'd wait until she has a new job to go to and then submit a claim, because claiming before that is unlikely to end well.

It may be worth joining with others in the same position to pursue this, she's unlikely to be alone (and this is where being in a union can be useful).

jonnygee2

So, what should she do about this? Is this just frowned upon or actually illegal? Thanks again.

If they aren't paying holiday pay, that's illegal.

I think the next step is to email the employer and to try and get a written response on what the status of her holiday pay is from them.

Then, if I were here, I'd be starting the process of taking through to tribunal, if she doesn't get a clear response. She can keep her colleagues informed too.

I doubt they'll suddenly sack her, but in case they do there's normally not a shortage of Winter Camp ELT jobs around in December / January so employment wise, and the temp agencies are normally busy this time of year too (DM me for London ones if you want!).

getmore4less

worth a read

King v The Sash Window Workshop Ltd

Beverley_Hillbillies

getmore4less wrote: »

worth a read

King v The Sash Window Workshop Ltd

Interesting, funny how the cyber "employment" specialist :rotfl: on here seldom refer / quote proven ET claims.

Nad, it won't be long before the "specialist" :rotfl: clique brigade appear with their standard cut & paste text, move on before she becomes a target

nad1611

Thanks for all the valuable info here. We certainly have enough now to form a plan of action which as suggested might need to be done a little nearer to her leaving date, good idea about further temp work too, for the time being.




"King v The Sash Window Workshop Ltd" Makes for very interesting reading thanks.


Will update as and when hopefully helping others in the process.
Thanks again.