Holiday entitlement

kaz2121

please can someone help, i work part time on zero hour but do an average 16/20 hours a week. Been at current company just over one year but been put on furlough. Normally we have to work so many hours to get so many hours holiday entitlement but since being on furlough my company are saying we are no longer earning our holidays. My question is should we still be getting them while on furlough as we are still classed as working and getting an income or are they right as we are not physically working? Thanks.

unholyangel

https://www.gov.uk/guidance/holiday-entitlement-and-pay-during-coronavirus-covid-19

sharpe106

You still accrue holidays at your normal rate. 

kaz2121

i have mentioned this to them before but they still say no? Im so confused 😕 

Jeremy535897

See https://www.brighthr.com/articles/contracts/agency-worker-rights/zero-hours-contract-holiday-pay/

kaz2121

Thankyou. I will try and raise this with them again but i dont want to come across as being nasty about it and possibly loose my job. 😔

spiro

The issue may be with zero hour contracts you holiday pay is based on your average hours over the previous 13 weeks. If you are furloughed for 13 weeks and then take holiday the average would be zero.

Jeremy535897

kaz2121 said:

Thankyou. I will try and raise this with them again but i dont want to come across as being nasty about it and possibly loose my job. 😔

The point to make is that holiday entitlement accrues while you have a contract, not just while you are actually working, at 5.6 weeks a year. The rate you are paid is based on the average of the previous 52 weeks, but you look further back if any of those weeks doesn't have any pay in it, up to a maximum of 104 weeks. Most employers accept that you ignore weeks where you aren't paid "normally", so ignoring furlough and sick leave etc.

kaz2121

Jeremy535897 said:

kaz2121 said:

Thankyou. I will try and raise this with them again but i dont want to come across as being nasty about it and possibly loose my job. 😔

The point to make is that holiday entitlement accrues while you have a contract, not just while you are actually working, at 5.6 weeks a year. The rate you are paid is based on the average of the previous 52 weeks, but you look further back if any of those weeks doesn't have any pay in it, up to a maximum of 104 weeks. Most employers accept that you ignore weeks where you aren't paid "normally", so ignoring furlough and sick leave etc.

I have worked an average 16/20 hours every week for the last year then got put on furlough in march, which is how they worked out how much furlough payment to make.

Jeremy535897

Taking 18 hours as the average, you accrue 12.07% as holiday which is about 2 hours 10 minutes a week.