Holiday pay for zero hours contracts

Racheshire1

Hi, my 17 yr old recently worked 101 hours over a 7 week period on a zero hours basis. I believe she has been underpaid for her holiday pay (they werent going to pay her anything until I chased it up). Can anyone confirm or advise how many hours she would be due based on the hours/weeks she worked?  Thanks in advance

TELLIT01

This link might help.  https://www.gov.uk/holiday-entitlement-rights/holiday-pay-the-basics

Racheshire1

Thanks, I have used that already and told the employer what i believe she is due but they disagree. I just wondered if anyone could come up with a figure so that I could see if I am on the right track

Undervalued

I would have expected it to be around 12.07% of the hours she worked?
A full time worker gets 5.6 weeks holiday per year, so works 46.4 weeks but gets paid for 52. 
46.4 + 12.07% = 52
So in her case 12.19 hours.
Is what they are offering significantly different? 

Racheshire1

Thank you, thats what I calculated. They are offering 6 hours. My daughter send them a subject access request so she could have copies of her payroll timesheets and their holiday calc but they have refused. I have referred it to the ICO. I really just wanted to be confident I was correct when I go back to them about the holiday pay so thanks for your comment

Undervalued

Racheshire1 said:

Thank you, thats what I calculated. They are offering 6 hours. My daughter send them a subject access request so she could have copies of her payroll timesheets and their holiday calc but they have refused. I have referred it to the ICO. I really just wanted to be confident I was correct when I go back to them about the holiday pay so thanks for your comment

OK!

I don't offer any guarantee with my figure other than pro rata a full time employee and the fact that it is unlawful to disadvantage a part time person simply because they are part time! I must admit I found the average hours information confusing.....

How are they justifying their figure?

I can't see how they can lawfully refuse to provide her with whatever information they hold.

In general terms what type and size of organisation? Incompetence or deliberately pulling a fast one?

Racheshire1

They arent justifying their figure, they just keep saying my calculation is incorrect but cant or wont say why and are refusing to hand over any information or explanation. They are a fairly small organisation (an indoor trampoline park) but are taking advantage of the young people who work for them. The fact they refuse to hand over any info makes me think they have something to hide. I have complained about them today to the ICO for not responding to the information request. I am confident the 12.19 hours is correct though.

Savvy_Sue

Letter Before Action: look at Moneyclaim online and google a template on an LBA. 

Set out clearly: "I worked 101 hours on a zero hours contract and received no holiday pay. My statutory entitlement at 12.07% is 12.19 hours. If payment is not made within ?7? days I shall proceed to the small claims court."

(That may not be the right wording / timeframe, but that's the bones of what you say.)

Then, if payment not received within that timeframe, go to court. At that point they either show that your DD's calculations are wrong, or they don't show up, at which point there's a judgement for them to pay up. 

Of course enforcing that judgement may be interesting, an organisation that says 'no' to a SAR has an interesting mindset ... 

Undervalued

^^^^^^^^
I entirely agree with Sue and admire the OP for being so determined on behalf of her daughter.

Unless they go bust in the meantime I am sure there must be sufficient assets for bailiffs to seize to cover the couple of hundred quid we are talking about!

The local paper might like it as a story too.

Should be fun........ 

Dakta

I'm not sure how responsive the ICO is the complaints, but good on the OP for raising it to them, companies should not be able to just turn their nose up at requests just because they may seem inconvenient.

Something does smell a bit fishy here, I am not an expert on holiday pay, but if the dispute is over 12 hours pay (and possibly just over 6 if they've conceded and already offered six), they are putting putting a lot of work, and putting themselves at some risk in avoiding paying it. 

I wonder why it feels worth it to them?

[Deleted User]

Hi also have had issued regarding this as I have a part time job that is zero hours. It works because I can send throughmy schedule each month as and when I am available. 2 years ago I sustained an injury in workplace but there was no proof according to company that it occured in the workplace and I was off for 3 months without pay. I worked the remainder of the year and didn't take holiday because I had been off for so long (unpaid) and agreed that I would work the remainder of year instead of taking further holiday and be paid the holiday I was owed at the end of the year. It wasn't paid and they revoked my holiday because I had not taken it and I had to fight to get it and finally did some months later. Last year I reduced my hours and over the course of the year worked 3 months overall. Because I worked random days but always working 1 regular day each week I was not given holiday and received nothing. My app which work contains my work schedule and holiday allowance said zero days allocated for the year. I understand that it is difficult to calculate holidays in some cases of zero hours so thought maybe at the end of year they might have calculated what was owed and paid me something at least. During 2019 I worked in excess of 100 hours. I'd like to know where I stand in such a case.