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Holiday pay for 0 hour contract

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  • f5morg said:
    f5morg said:
    On one of the zero hours contract I had the holiday pay was part of the hourly pay, i.e. hourly rate plus a little more on top, perhaps because it is hard to calculate any other way
    That is what is known as "rolled-up" holiday pay - ie holiday pay is rolled up into the hourly rate.
    Perhaps your zero hours contract was some years ago as that has not been lawful for a long time.
    Interesting...no, it was actually very recent. Here is the exact wording in contract. It was zero hours.
    "You will be paid only for hours actually worked at the rate of £12.11 per hour. This amount will be made up of £10.81 per hour of basic pay and £1.30 per hour of holiday pay"
    So this is illegal? Is there a website/page that details this you could link me to?

    case law , eg google     "  2006    Robinson-Steele v PD Retail Services  "
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    In practice because an employer can dictate when holiday is taken the pay can be structured to stop any holiday pay that's due being carried over a pay period which achieves the same as rolled up.




  • In practice because an employer can dictate when holiday is taken the pay can be structured to stop any holiday pay that's due being carried over a pay period which achieves the same as rolled up.
    But it is supposed to be shown separately on payslips.
  • f5morg
    f5morg Posts: 34 Forumite
    Second Anniversary 10 Posts
    In practice because an employer can dictate when holiday is taken the pay can be structured to stop any holiday pay that's due being carried over a pay period which achieves the same as rolled up.
    But it is supposed to be shown separately on payslips.
    Personally mine was separated on my payslip and they were upfront in the contract, so perhaps in that sense they haven't crossed the boundary. There must be many companies doing this though, I guess it is not a priority for hmrc/government to enforce. The company I am referring had 800 employees roughly, not sure if casuals are included in that
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    edited 20 September 2021 at 8:31PM
    In practice because an employer can dictate when holiday is taken the pay can be structured to stop any holiday pay that's due being carried over a pay period which achieves the same as rolled up.
    But it is supposed to be shown separately on payslips.
    That's what structured means it's just a paper exercise.

    NHS was happy with this method a while back no idea if they still do.

  • In practice because an employer can dictate when holiday is taken the pay can be structured to stop any holiday pay that's due being carried over a pay period which achieves the same as rolled up.
    But it is supposed to be shown separately on payslips.
    That's what structured means it's just a paper exercise.

    NHS was happy with this method a while back no idea if they still do.

    That's what you meant by "structured".  It wasn't how f5morg was suggesting was the structure as they said the  "the holiday pay was part of the hourly pay".
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