Holiday pay for zero hours contracts

Racheshire1

Thanks everyone. My daughter knows a few people who worked there as well as herself and none of them got holiday pay or payslips and if they asked for a payslip they were shouted down. Not everyone is aware they are entitled to holiday pay when they are zero hours so I am guessing they have got away with not paying it until now.I dont think they like the fact I have challenged them on it, the manager was quite abusive in his emails. I'm not one to back down though!! I will pursue it until my daughter gets the right result.

Racheshire1

Daveym79 said:

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.

I cant give you the right answer on this but have you contacted Acas? They are very helpful and should be able to tell you where you stand

.

Savvy_Sue

Racheshire1 said:

Thanks everyone. My daughter knows a few people who worked there as well as herself and none of them got holiday pay or payslips and if they asked for a payslip they were shouted down. Not everyone is aware they are entitled to holiday pay when they are zero hours so I am guessing they have got away with not paying it until now.I dont think they like the fact I have challenged them on it, the manager was quite abusive in his emails. I'm not one to back down though!! I will pursue it until my daughter gets the right result.

I would encourage you to make sure that the complaint is coming from your DD. The correct answer if YOU make a complaint is that they can't deal with you, you are not their employee. 

I'd suggest your DD should check her tax account with HMRC. If tax and NI have not been paid, then it is DEFINITELY worth contacting HMRC about that. 

Undervalued

Savvy_Sue said:

Racheshire1 said:

Thanks everyone. My daughter knows a few people who worked there as well as herself and none of them got holiday pay or payslips and if they asked for a payslip they were shouted down. Not everyone is aware they are entitled to holiday pay when they are zero hours so I am guessing they have got away with not paying it until now.I dont think they like the fact I have challenged them on it, the manager was quite abusive in his emails. I'm not one to back down though!! I will pursue it until my daughter gets the right result.

I would encourage you to make sure that the complaint is coming from your DD. The correct answer if YOU make a complaint is that they can't deal with you, you are not their employee. 

I'd suggest your DD should check her tax account with HMRC. If tax and NI have not been paid, then it is DEFINITELY worth contacting HMRC about that. 

Indeed, that is very important.

In fact, if they have replied to you (quite abusive or not) and in any way discussed your daughter's situation that is probably a breach of the GDPR in itself. Something else you (well technically your daughter) could report to the ICO!

Have you investigated who owns this company? Assuming it is a limited company the details will be available on the Companies House website. You mention "the manager", is it his own business or is he just an employee? If he is an employee you could report his potentially unlawful conduct to the owner and put them in a difficult spot.

Given the type of business I hope they are fully complying with all relevant child protection requirements. That might be a stone worth looking under too!

Racheshire1

Savvy_Sue said:

Racheshire1 said:

Thanks everyone. My daughter knows a few people who worked there as well as herself and none of them got holiday pay or payslips and if they asked for a payslip they were shouted down. Not everyone is aware they are entitled to holiday pay when they are zero hours so I am guessing they have got away with not paying it until now.I dont think they like the fact I have challenged them on it, the manager was quite abusive in his emails. I'm not one to back down though!! I will pursue it until my daughter gets the right result.

I would encourage you to make sure that the complaint is coming from your DD. The correct answer if YOU make a complaint is that they can't deal with you, you are not their employee. 

I'd suggest your DD should check her tax account with HMRC. If tax and NI have not been paid, then it is DEFINITELY worth contacting HMRC about that. 

Thanks Sue. All our correspondence to the company has gone from my daughter's email address and in her name (although I have written it!). She is 17 and doesnt earn enough to pay tax/NI but I did a live chat with HMRC recently just to check they had registered that she was working for them and they had. They dont treat the young staff well at all and from speaking to other parents of teenagers who have worked there, they have all had the same experience. I am not prepared to let them get away with it though! I really apprerciate the advice I have had on here so thank you

Racheshire1

Undervalued said:

Savvy_Sue said:

Racheshire1 said:

Thanks everyone. My daughter knows a few people who worked there as well as herself and none of them got holiday pay or payslips and if they asked for a payslip they were shouted down. Not everyone is aware they are entitled to holiday pay when they are zero hours so I am guessing they have got away with not paying it until now.I dont think they like the fact I have challenged them on it, the manager was quite abusive in his emails. I'm not one to back down though!! I will pursue it until my daughter gets the right result.

I would encourage you to make sure that the complaint is coming from your DD. The correct answer if YOU make a complaint is that they can't deal with you, you are not their employee. 

I'd suggest your DD should check her tax account with HMRC. If tax and NI have not been paid, then it is DEFINITELY worth contacting HMRC about that. 

Indeed, that is very important.

In fact, if they have replied to you (quite abusive or not) and in any way discussed your daughter's situation that is probably a breach of the GDPR in itself. Something else you (well technically your daughter) could report to the ICO!

Have you investigated who owns this company? Assuming it is a limited company the details will be available on the Companies House website. You mention "the manager", is it his own business or is he just an employee? If he is an employee you could report his potentially unlawful conduct to the owner and put them in a difficult spot.

Given the type of business I hope they are fully complying with all relevant child protection requirements. That might be a stone worth looking under too!

I checked them on Companies House and the Manager is the owner. Hes not a pleasant man. When I contacted them myself, I didnt ask for any information, I just asked them to respond to my daughters email requesting information as they had ignored it. They definitely breach the working regulations. My daughter was working 9-10 hour shifts and vary rarely got a 30 minute break. They all have to clean after their shift finishes which sometimes added on a further 20-30 mins but they werent being paid for it. Hence, I told her to resign and she has another part time job now which is great. I spoke to Citizens Advice and she told me this situation is very common when it comes to young workers. I dont think they are complyimg when it comes to holiday pay but I am not sure who  I would report them to for that? Acas?

getmore4less

This may well fall under min wage legislation which HMRC police.

A complaint that the employer is underpaying staff(more than 1) should be made. 

Racheshire1

getmore4less said:

This may well fall under min wage legislation which HMRC police.

A complaint that the employer is underpaying staff(more than 1) should be made. 

Thanks, You're right. If they arent being paid holiday pay that would probably take them under the minimum wage. I'll do a calculation based on my daughters hours and will report them if thats the case

comeandgo

I think getmore4less meant the extra 20-30 mins they are working but not getting paid for could take the rate of pay under minimum wage.

Racheshire1

comeandgo said:

I think getmore4less meant the extra 20-30 mins they are working but not getting paid for could take the rate of pay under minimum wage.

Thanks. If they underpay on the holiday pay that will affect it too surely?