Zero hours (Strange hours) and holiday pay entitlements

[Deleted User]

issue resolved. please close thread

Comms69

It's actually really simple. Assuming it's 28 days pro rata'd (minimum) it's 12.07%. 

How would you be taking the micky asking to be paid as per the law?...

As to what your owed, depend when the holiday year runs. If it'a Apr-March you're owed nothin.

Its up to you to take your holiday.

[Deleted User]

Comms69 said:

It's actually really simple. Assuming it's 28 days pro rata'd (minimum) it's 12.07%. 

How would you be taking the micky asking to be paid as per the law?...

As to what your owed, depend when the holiday year runs. If it'a Apr-March you're owed nothin.

Its up to you to take your holiday.

Thanks for your reply but when you say it's up to me to take holiday I couldn't as the holiday allowance was crossed out and showed zero days allowance meaning that because we had a verbal agreement for limiting days they took holiday entitlement away when they noticed I was only sending through minimal availability a month. I quite understand their situation but at the same time the only way I see it is to work out entitlement at the end of the year when they can see what I've worked across the whole year. Normally the year ends as of end of December for holiday entitlement. Does this change anything for me? 

Comms69

Daveym79 said:

Comms69 said:

It's actually really simple. Assuming it's 28 days pro rata'd (minimum) it's 12.07%. 

How would you be taking the micky asking to be paid as per the law?...

As to what your owed, depend when the holiday year runs. If it'a Apr-March you're owed nothin.

Its up to you to take your holiday.

Thanks for your reply but when you say it's up to me to take holiday I couldn't as the holiday allowance was crossed out and showed zero days allowance meaning that because we had a verbal agreement for limiting days they took holiday entitlement away when they noticed I was only sending through minimal availability a month. I quite understand their situation but at the same time the only way iny eyes to work out entitlement is at the end of the year. Normally the year ends as of end of December for holiday entitlement. Does this change anything for me? 

They cannot legally takeaway your holiday entitlement. 

You would be entitled to holiday from January onwards. If you're feeling brave, you could try to backdate a claim, citing their unlawful behaviour. But really could you prove this?

The reason i gave you a % is because you can work it out at anypoint in the year. Really what you'd be claiming is holiday pay, rather than holiday days - which has no bearing on your claim. I'm just saying that lots of people dont realise that it's 12.07%, which is pretty good!

[Deleted User]

Many thanks for your replies. I had read somewhere that it sometimes is backdated automatically as and when you leave based on similar situations to what I've described but not exactly my situation, it's just the fact it hasn't even been brought up and discussed with me so I feel they are trying to get out of this. The reason I havnt yet brought this up with the company is I had previous issues with them regarding holiday the previous year and trying to prove a number of things to get paid. The company has history with issues regarding holiday and not paying some staff correctly or at all so just looking at the best aolution forwards if I leave and how to go about reclaiming.