I don’t get holiday pay!

[Whynoholiday]

I think I need some good advice.

I live and work in a small town and part of the week I work for an independent shop 18 hours a week. I love the shop and get on well with the owner, so have been there 5 years despite the terrible pay (minimum wage) and zero hours.

Each January the owner reduces the opening hours so I don’t work there until asked back around mid Feb/ Valentines. This year has been especially tough for me, my own small business has taken a nose dive in the last 18 months, I’ve accrued debt and last year made a claim for UC.

Talking to my friend at the weekend she asked me if I would receive holiday pay for this time off. I’ve never had holiday pay! I’ve never taken holiday😭 I never take any time off, apart from two bouts of Covid when she wouldn’t want me in anyway.

Is there a clever loophole she’s found to duck out of paying me? And if not how should I broach this with her without losing this job?!

It's because you are on a zero hours contract. The sooner these are outlawed the better.

What kind of contract are you on? If it's a zero hours contract and you're not being offered any hours it's different to if you're on an 18 hour contract and having to take time off.

This.

Even if you are on a zero hours contract you should be accruing holiday pay as a percentage of your hours worked, so it may not cover the whole period but there should certainly be some holiday pay

I’m pretty sure you are entitled to holiday pay which your employer must pay by law even if on a zero hours contract. I’m no expert though. See this link for more info
https://www.gov.uk/holiday-entitlement-rights/holiday-pay-the-basics

This is what I have always thought too. However, looking at the Gov page yesterday even casual workers get holiday pay as a statutory right?

You are entitled to holiday pay based on the average hours worked. Check out the gov website but I think it’s 28 days min as a full time equivalent

This.

Call ACAS

I can’t see how I don’t fit with the guidance on that page. I am confused about this. It’s an established business with accountants and lawyers, not some Mickey Mouse back alley shop!

5 years with no holiday pay? they're taking you for a ride surely 😞

Speak to ACAS. The month taken off in January could be regarded as a break in employment and thus renewing your 0 hour contract every year. It depends on what your contract says.

Definitely worth getting to the bottom of this. You may be able to backdate it for the five years you’ve worked there.

I’m thinking this now. I feel very silly and embarrassed tbh.

It should be paid on top of minimum wage pro rata. It wont be much but it should be some.

As an aside if you are on minimum wage and not getting paid any holiday then this is taking you below minimum wage and therefore is unlawful

Would ACAS give advice how to broach this?

I took on another small job and the holiday pay is on the payslip every month and they ask me if I’m taking holiday each month. I thought they were just being kind 😭

You should be accruing 12.07% of all your hours worked as holiday pay

Are they contributing to your pension?

This isn't true. You are still entitled to holiday pay. It's a pain in the arse to calculate (we have to do it for our own employees) but you still get holiday pay.

Even people on zero hours contracts are entitled to holiday pay

OP either you ask and get it or you put up with it. She’d be unwise to say the least to sack you for asking for it but it wouldn’t stop her doing it. Unfortunately if she won’t respect your rights then you either need to fight for them or roll over and accept being shafted. Maybe find a page online ACAS or similar and show her that.

Is your holiday pay definitely not included in your payslip each month?

@TooOldForThisNonsense I agree with you and will not roll over. She is very well known in our community and likes to give her advice to less experienced shop owners.
Not sure what to think.

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

show or send her this OP and take it from there.

You are entitled to holiday pay at roughly just over 12% of you hourly rate so if you work a 35 hour week at min wage wage you’d accrue £43 ish holiday pay.

I rather suspect your employer has a use it or lose it policy with holiday pay. Many cf employers do this and so at the start of their financial year untaken holiday entitlement disappears. I think you’d have to specifically request that that time off is taken as holiday and request payment.

Have you ever taken any holidays whilst employed at this job? You aren’t entitled to “holiday pay” per se, you’re entitled to paid holiday / leave which you’re expected to take.