[Closed] Part time job, refusing holiday pay

https://www.gov.uk/holiday-entitlement-rights/entitlement

Are you part-time or zero hours?

Some advice here [url= https://www.gov.uk/holiday-entitlement-rights/entitlement ]Holiday entitlement[/url]

Zero hour's I guess, as and when required

You're working about 20hrs a week yeah?

So you get about a week and half to date, roughly. However when they let you take the holiday is up to them.

Zero hour's I guess, as and when required

That could be the crux of the matter.

That said.

http://www.acas.org.uk/index.aspx?articleid=4468

What does your contract say?

Even on zero hour contracts you are entitled to holiday pay for the hours you have worked. I believe it works out at 12.05% so on 250 hours they owe you just over 30 hours

About 15-20hrs a week

What does your contract say?

Make no odds by law you're entitled to holidays.

That's what I thought, I would have let it go, but the accounts guy was a pr11ck.

Haha "we don't pay people like you holiday pay"

I've asked for them to put it in writing that they will not be paying me holiday pay.

What should be my next step?

Thanks again

I'd just show them a copy of the regulations and see whether or not they'll change their mind.

You probably wont get any more hours work though.

Conact ACAS from the link above for confirmation.

Return to your employer ask them again, speak to the main bod and if they still refuse pull out your information from ACAS and ask if they will entitle you to holidays now or do you need to take it further.

You probably wont get any more hours work though.

None constructive dismissal then.

depends on whether you want the job or to get sacked probably 🙁

You are right and they are not nIce but they will just stop giving you work if you kick off

Wait till you are leaving then bring it up IMHO

What does your contract say?
Make no odds by law you're entitled to holidays.

Go and fill all of the holes in with cement, that'l teach the bastards.

depends on whether you want the job or to get sacked probably

What Junkyard says. I don't think anyone has successfully challenged this issue anyway, as it would involve an employment tribunal and a marked card for the rest of your life in work.

None constructive dismissal then.

If he's on a zero hours contract, they could give him just that - zero hours

True dat.

None constructive dismissal then.

What is that ?

depends on whether you want the job or to get sacked probably
What Junkyard says.[b] I don't think anyone has successfully challenged this issue anyway, as it would involve an employment tribunal and a marked card for the rest of your life in work[/b].

None constructive dismissal then.
[b]If he's on a zero hours contract, they could give him just that - zero hours
[/b]

Is this really what people are reduced to accepting? Or just idle speculation on the doomsayers part?

Regardless of a zero hours contract you are still entitled to 28 days holiday per year. The rate you are paid is the average over a 12 week period.

Is this really what people are reduced to accepting? Or just idle speculation on the doomsayers part?

depressing, isn't it?

What is that ?

It's like Unfair Dismissal but for the dyslexic. 😳

a marked card for the rest of your life in work

nonsense; how would anyone find out?

don't think anyone has successfully challenged this issue anyway,

http://www.shlegal.com/knowledge/publications/01_10_Holiday_entitlement_some_good_news_for_employers

I don't think anyone has successfully challenged this issue anyway

There have been a number of cases, and rulings.

It's like Unfair Dismissal but for the dyslexic.

He he, I wasn't being an arse, I honestly thought the "none" bit was adding another element that I'd not heard of 🙂

I worked on a zero hours contract for a FTSE-100 company for over two years, but effectively full-time. During that time I had just under three weeks unpaid leave.

I was a member of a professional association whose legal department decided that it would be unwise to pursue the issue. So if a FTSE-100 company decides it's legal, it probably is and unlikely to be challenged.

No it was me mixing words up again. I had the Unfair bit and constructive bit stuck in my head but instead of coming as Unfair Dismissal or Constructive my brain just turned it to none.

I was a member of a professional association whose legal department decided that it would be unwise to pursue the issue. So if a FTSE-100 company decides it's legal, it probably is and unlikely to be challenged.

But yet it has been.

Jizz on the golf greens and burn the clubhouse down.

I've now posted the wrong link up there.

I give up. 😀

So if a FTSE-100 company decides it's legal, it probably is and unlikely to be challenged

You might be surprised at how many "blue chip" employers have been taken to employment tribunals (and successfully) over the years. What is perhaps more likely is that the scale of the potential loss made the risk worth taking for a large company - a FTSE 100 firm can potentially lose even a big ET and it not even register on their bottom line, where a similar scenario might put a small firm out of business.

Not given their full entitlement, went to tribunal and they won.

http://www.xperthr.co.uk/law-reports/in-the-employment-tribunals-july-2012/113590/#anderson

I worked on a zero hours contract for a FTSE-100 company for over two years, but effectively full-time. During that time I had just under three weeks unpaid leave.

Ryanair I presume?

I occasionally do a day's work as a TV extra. The £75.09 fee I get (that's before travel and my agent's 24% cut) is expressed as something like £69 basic plus £6 in lieu of holiday entitlement. So they're effectively giving me my holiday pay day by day.

I must put that £6 in a separate bank account or I might fritter it away instead of using it to pay for 2 weeks in a lovely Caribbean All-Inclusive holiday prison.

I've now posted the wrong link up there.
I give up.

Take 4 x 568ml of any decent ale, and come and see me tomorrow if you aren't managing any better 😉

I've started on one now funnily enough.

I've not even written your bloody prescription out yet.

Bloody self medicating.... Don't know why I bother.

Just trying to save the NHS some cash.

Yes you are entitled to holiday pay and apparently staff on commission will be able to claim for lost commission over their leave too.

If you are an employee as opposed to a contractor you're legally entitled to 12.07% paid holiday for the hours you work.

I don't think anyone has successfully challenged this issue anyway, as it would involve an employment tribunal and a marked card for the rest of your life in work.

Is this really what people are reduced to accepting? Or just idle speculation on the doomsayers part?

i would never defend it, think it is immoral and it should be illegal.

chiefgrooveguru - Member

If you are an employee as opposed to a contractor you're legally entitled to 12.07% paid holiday for the hours you work.

I get an extra 12% an hour on my wages at uni as its a zero hour contract in leu of holidays.

I had a small company try this on me. I asked citizens advice then went back and told the company they were wrong they agreed to pay holiday. Worked for them for a couple of years no probs then I moved on by choice. Don't put up with it out of fear!

You couldn't have done as Flaperon tells us no one successfully challenged this issue.

If i remember rightly from my university days, McDonalds used to operate a 1hr contract to enable them to do this, were challenged on it, and lost, should be somewhere in an archive.