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# Help with zero hour / casual holiday entitlement

Posts: 291 Forumite
Hi

can someone with a larger brain than me please explain how to calculate holiday pay for casual/zero hour please. Thank you very much.

Example:

Employee started work 1/4/2021 they don’t work every week and  hours vary. Leaving date is 29/08/2021

wk1= 0hrs
wk2 = 10hrs
wk3=0
wk4=15
wk5=5.5
wk6=2.5
wk7=20
wk8=5.5
wk9=0
wk10=0
wk11=0
wk12=0
wk13=0
wk14=0
wk15=0
wk16=2.5
wk17=6
.

• Posts: 84 Forumite
It's 12.07% of the hours worked. So roughly I am pretty sure it is 1 hour for every 8.5 hours worked.
There are plenty of calculators if you have a quick look.
• Posts: 12,896 Forumite
How many hours does a full timer work

How many days off does a full timer get.

From those work out how much holiday a full timer accrues per hour of work and apply that to the hours the casual works
• Posts: 4,996 Forumite
edited 4 September 2021 at 5:59PM
Andy_L said:
How many hours does a full timer work

How many days off does a full timer get.

From those work out how much holiday a full timer accrues per hour of work and apply that to the hours the casual works
[In this case, the number of hours a full-timer works is really irrelevant - unless they were doing exactly the same job and the company allowed them more than statutory paid leave and that the OP's example employee was someone with a contract which gave them equal treatment from week 1.]

The employee worked 67 hours.

The percentage to use for statutory paid leave can be 12.069% (though most round this up to 12.07% and I have not seen it to 4 decimal places).

So 67 hours x 12.069% = 8.08623 hours

That could be rounded up, but not down.

Provided the rate of pay during the period of employment did not vary then they would have been entitled to pay for at least 8.09 hours at that rate.

(That also assumes that the holiday year mentioned in their written particulars of employment was not starting later than 8 April.)

• Posts: 291 Forumite
Thanks so much for your replies Inreally appreciate it 🙂
.
• Posts: 46,882 Forumite
The law changed last year which created an anomaly for part time workers that are still due 5.6 weeks holiday(or prorata for a part year)

Contracted to 17 weeks prorata for the year

5.6*17/52 = 1.83 weeks.

1 weeks holiday pay is the average of the last 52 worked weeks.

8 weeks total hours 67 hours. 8.37 per week

Holiday pay  for 1.83 weeks

Due ~15.32 hours.
• Posts: 4,996 Forumite
The law changed last year which created an anomaly for part time workers that are still due 5.6 weeks holiday(or prorata for a part year)

Contracted to 17 weeks prorata for the year

5.6*17/52 = 1.83 weeks.

1 weeks holiday pay is the average of the last 52 worked weeks.

8 weeks total hours 67 hours. 8.37 per week

Holiday pay  for 1.83 weeks

Due ~15.32 hours.
But those weeks with no hours were not "worked".

When reaching the 12.07%, the 5.6 weeks holiday are not included in the calculation because they are not worked even though they are part of the contract period.

Is there a .gov website (or similar) which agrees the "anomaly".
• Posts: 46,882 Forumite

Case law

The Harpur Trust v Lesley Brazel & UNISON [2019] EWCA Civ 1402

Don't think it has been overturned yet.

Loads of HR/legal commentary covering the case.

• Posts: 4,996 Forumite

Case law

The Harpur Trust v Lesley Brazel & UNISON [2019] EWCA Civ 1402

Don't think it has been overturned yet.

Loads of HR/legal commentary covering the case.

Interesting - was 2019 and refers to 12 weeks history.
I also note the case refers to statutory entitlement to 28 days when the WTRs quote weeks, not days.
• Posts: 46,882 Forumite
The calculation of a weeks pay going from a 12 week period changed to 52 weeks April 2020 after the case.

The case refers to 5.6 weeks and explains why that is max 28 days.

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