Holiday entitlement on zero hour contracts

Ruby_slippers_UK

Hi there,
just wondered if anyone knows more than I do about my general employment rights in this work situation 👇

I've been working a hospitality job since 1.5 years now, with irregular hours on a zero-hours contract, though averaging on ~12h-18h/week.

In retrospect this company seems rather dodgy though, since I have in fact never had to sign or gotten any contract/policies nor have been informed about whether I am classified as an employee or worker. That really should have raised the alarm bells, but I was just glad to finally have found a job.

The issue I am trying to solve with them now is about holiday pay - I noticed I did receive accrued holiday pay on my first holiday I took, it was noted on my payslip. 

Whereas the second time, my holiday was not compemsated through accrued hours. And I am assuming it should have been, since it was the first time around.

Unfortunately I only realised this recently - over 4 months after I took that holiday 🙈
And according to the government holiday calculator for irregular/zero hours contract workers, I would have had accrued nearly 50 more holiday hours, that have not been compensated at all since.

I also have not gotten any shifts since over a month now, wondering whether I have actually been ghosted out of my job - I also did not receive any reply to my email trying to clarify the holiday-pay confusion that occured in the past and asking them about their policies to this matter.

Does my employer have the right to just ignore me or to seemingly even have fired me without ever clearly communicating this to me?
It doesn't seem very professional at all to me, and I'd just like to know more about what my basic rights are in this situation, before continuing.

I know this does not replace any legal advice, but there must be some general government guidelines that roughly outline my rights as well as the employers responsibilities?

How would you continue trying to solve this for a hopefully good outcome, if you were in my position? And do I have a right to take this matter forward formally at all (without ever having gotten a contract to rely upon?)

Many thanks in advance!

DE_612183

You should get holiday pay based on the terms of employment pro-rata - the minimum is 28 days a year - pro-rata.

What you'd need to do is work how many hours you've worked since the start of the holiday period ( normally 1st Jan or 1at April ), then work out what your pro-rata entitlement is ( don't forget to take account of bank holidays ), then if you have anything left over after you take off the holiday you've been paid for - then thats what you should get paid for.

What did your employer say when you asked them about this?

RAS

You really need to look for another job, preferably whilst you are still technically employed. Are you able to get a reference from this company?

Deal with stuff like holiday pay after you "resign".

marcia_

 If you haven't received any shifts since this issue arose you are definitely being managed out. You should actively look for a new job and as the poster above says tackle the holiday pay after you have left. 

Penguin_

Widely speaking you're entitled to 0.1207 hour holiday for each hour worked. 

EnPointe

Penguin_ said:

Widely speaking you're entitled to 0.1207 hour holiday for each hour worked. 

ye pthat covers the minimum 5.6 weeks / year 

Ruby_slippers_UK

Thanks all for the answers so far!

Fortunately I do have a second job, that just about covers my bills - so very tight on money now and actively seeking a new job since a couple of weeks.

Just curious, why would you recommend to officially resign first, before sorting this holiday pay matter out?

They already have not reacted to my (still rather friendly worded) email, in which I stated my confusion towards the holiday pay... so would it help to resign first then and to change the tone into something more official/pressing? I was worried that might make them defensive, but maybe might be the only way to get a reaction at all?

Penguin_

EnPointe said:

Penguin_ said:

Widely speaking you're entitled to 0.1207 hour holiday for each hour worked. 

ye pthat covers the minimum 5.6 weeks / year 

Yes I know but I thought it would help OP to work out how much holiday they "have in the bank".

saajan_12

Ruby_slippers_UK said:

Thanks all for the answers so far!

Fortunately I do have a second job, that just about covers my bills - so very tight on money now and actively seeking a new job since a couple of weeks.

Just curious, why would you recommend to officially resign first, before sorting this holiday pay matter out?

They already have not reacted to my (still rather friendly worded) email, in which I stated my confusion towards the holiday pay... so would it help to resign first then and to change the tone into something more official/pressing? I was worried that might make them defensive, but maybe might be the only way to get a reaction at all?

It probably doesn't make a difference, and since its a zero hours contract, if things get tense they'll probably prefer to stop giving you shifts anyway. 

However to progress things I would try to calculate what you're expecting and request that specifically rather than just asking generally about 'the confusion'. So add up your hours per your pay slips, multiply by 12.07% and deduct any paid holiday hours you received. That many hours should either be paid holiday or paid without working them. 

DE_612183

saajan_12 said:

Ruby_slippers_UK said:

Thanks all for the answers so far!

Fortunately I do have a second job, that just about covers my bills - so very tight on money now and actively seeking a new job since a couple of weeks.

Just curious, why would you recommend to officially resign first, before sorting this holiday pay matter out?

They already have not reacted to my (still rather friendly worded) email, in which I stated my confusion towards the holiday pay... so would it help to resign first then and to change the tone into something more official/pressing? I was worried that might make them defensive, but maybe might be the only way to get a reaction at all?

It probably doesn't make a difference, and since its a zero hours contract, if things get tense they'll probably prefer to stop giving you shifts anyway. 

However to progress things I would try to calculate what you're expecting and request that specifically rather than just asking generally about 'the confusion'. So add up your hours per your pay slips, multiply by 12.07% and deduct any paid holiday hours you received. That many hours should either be paid holiday or paid without working them. 

I think you also have to deduct bank holidays as well...

General_Grant

DE_612183 said:

saajan_12 said:

Ruby_slippers_UK said:

Thanks all for the answers so far!

Fortunately I do have a second job, that just about covers my bills - so very tight on money now and actively seeking a new job since a couple of weeks.

Just curious, why would you recommend to officially resign first, before sorting this holiday pay matter out?

They already have not reacted to my (still rather friendly worded) email, in which I stated my confusion towards the holiday pay... so would it help to resign first then and to change the tone into something more official/pressing? I was worried that might make them defensive, but maybe might be the only way to get a reaction at all?

It probably doesn't make a difference, and since its a zero hours contract, if things get tense they'll probably prefer to stop giving you shifts anyway. 

However to progress things I would try to calculate what you're expecting and request that specifically rather than just asking generally about 'the confusion'. So add up your hours per your pay slips, multiply by 12.07% and deduct any paid holiday hours you received. That many hours should either be paid holiday or paid without working them. 

I think you also have to deduct bank holidays as well...

Absolutely not.  Bank Holidays are not a special category to be accounted for separately in any way, particularly for someone on a zero hours contract.

It should just be the calculation saajan_12 put forward. 

Either Bank Holidays would have been worked time or, depending on what has already been paid, included in the deduction mentioned.