Help with zero hour / casual holiday entitlement

set

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

Proofread100

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. 

Andy_L

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

General_Grant

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.)

set

Thanks so much for your replies Inreally appreciate it 🙂

getmore4less

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.

General_Grant

getmore4less said:

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".

getmore4less

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.

General_Grant

getmore4less said:

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.

getmore4less

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.