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Original poster

I don’t get holiday pay!

89 replies

Whynoholiday · 08/01/2024 09:46

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?!

OP posts:
Original poster
Whynoholiday · 08/01/2024 10:16

But the financial year hasn’t begun yet? I can request it now right.

OP posts:
FuckinghellthatsUnbelievable · 08/01/2024 10:27

Companies can choose their financial year. I work two jobs one runs in line with standard financial year and holiday entitlement runs to April to April, the other runs Jan-Dec. I’d request it now but details of holiday pay should be in your contract.

I would email and get it in writing if owner says no entitlement to holiday pay you certainly have a case for claiming back holiday pay from last five years. However if they say you are entitled but on a use it or lose it basis you will only get this years or possibly not even that depending on company financial year.

I’m genuinely sorry I just don’t want to get your hopes up. I know you like the place but the owner is taking advantage of you.

Ottersfortea · 08/01/2024 10:28

You are in a tricky situation as she could just get rid of you if you query it. I know a few people who let it go due to this issue. It’s awful but it happens more often than people realise.

You could say universal credit person has asked about holiday pay for your UC claim and when you said you don’t get it as zero hours they have asked you to clarify with your employer.

You shouldn’t have to do this, it’s rubbish but if you can’t afford to lose the job it’s an option. She still may get rid , in which case can ACAS help with back holiday pay?

Interested in this thread?

Then you might like threads about these subjects:

Benefits Employment advice
skyeisthelimit · 08/01/2024 10:38

Every employee is entitled to 5.6 weeks holiday per year to include bank holidays, pro-rata if you work part time.

For casual hours workers, your holiday pay is worked out according to the hours that you have worked.

They have broken the law if they have not paid you holiday pay. I would definitely contact ACAS for advice , to clarify exactly what you are entitled to, and for advice on how to approach your boss, and if there is anything you can do if they refuse to pay it.

closingdownsale · 08/01/2024 10:44

I've always worked zero hours, you still definitely are entitled to holiday pay. They just calculate based on the total or average hours you work in the year.

Unless you've been being paid for unworked days over Christmas or bank holidays, etc, then you have definitely been scammed

penjil · 08/01/2024 10:46

Whynoholiday · 08/01/2024 10:06

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 😭

🙄

BambooFridge · 08/01/2024 10:47

My holiday pay is rolled in to my daily rate.

It's all on my payslip and it's the law t have it on there.

Original poster
Whynoholiday · 08/01/2024 10:49

Thanks everyone for your advice. It's very helpful to get other opinions and employment law is clearly not my strength. I do feel taken advantage of if I'm honest and will probably need to move on from this job. I have been looking.

I will have to speak to UC as I'm unlikely to meet their salary threshold and I think I risk being sanctioned if I can't explain this month as 'holiday' .

OP posts:
Fupoffyagrasshole · 08/01/2024 10:52

this is wrong! I do payroll in a small company and we have a lot of cover staff who work 0 hours - they get an entitlement of the average hours worked for the year!

Usually we just pay it out at the end of the year for them!

Deathbyathousandcats · 08/01/2024 10:59

Your employer has been breaking the law and taking the piss. If you live in a small community, then I’d be spreading that around if you’re worried about your job. It’d certainly affect her ability to hire a replacement.

Tbry24 · 08/01/2024 11:04

You are entitled to paid holiday.

If January is a quiet month that would be the best time of year for you to always take it, but that’s still up to you. What financial year does the business use? April through is the standard in the UK which would mean you still have your full quote of holiday to take for 2023-2024. If you aren’t sure find the business on companies house and the financial statement may make it clearer.

And no no decent employer ever would treat their staff like this. Appalling.

Comtesse · 08/01/2024 11:19

Call the Acas helpline to understand you should be due. This employer has been ripping you off.

OnceUponATimeInTheVest · 08/01/2024 12:10

So much misinformation about 0 hour contracts!

Have you double checked it’s not already included on your payslip? Usually as a separate line to your 18hours @ NMW.
With some employers you have to request the holiday as if you were a full time employee asking for time off work. I know it’s an issue with some temp agencies who seem to hope you’ll forget about it so they can pocket the money instead.
You definitely need to address it with your boss, however as previously mentioned you might struggle to get your entitlement for previous years.

DuchessPotato · 08/01/2024 12:11

You’ve had some incorrect advice here OP.

Zero hours contracted employees and workers are definitely entitled to holiday pay. Even better news for you as zero hours, it is calculated based on an average of the last 52 weeks, only including weeks where you worked hours. If there are weeks when you did not get paid, the average calculation time period can go back as far as 104 weeks. You are entitled to 5.6 weeks per year of one week’s average pay.

To give you an extreme example of how this works, there was a recent case involving a sports coach who only worked a week or two out of the 52. Say the coach earned £500 one week and £750 the next, they were entitled to £625 x 5.6 weeks. The ruling on this case changed the way employers had to calculate holiday pay for zero hours a couple of years back.

There is a lot of controversy over this because employers are often out of pocket, but I think it’s great - about time the tide turned against zero hours. Employers are currently rallying against it but for now it stands.

You should contact the free ACAS helpline to go through this with them and they will need to know details of your contract. Also, when your holiday year ends and what you can do if you’re not able to carry any over.

The trickiest part for you is navigating it with your employer. Never easy when it’s a small business and you are close.

Have a look at ACAS online to read further, and the Gov site (although the latter can tie you up in knots!).

ilovebagpuss · 08/01/2024 12:35

Yes as othere have said unless you have missed it being paid in your pay somehow you should have been getting this for the hoirs your worked.
My area of work has a lot of Bank staff and even if they are off a few months and then come back they get the correct percentage for hours worked paid as holiday pay each month.
Just ask your employer if she has been including it in your pay and if not you would like clarification and back pay.

Original poster
Whynoholiday · 08/01/2024 13:08

It's certainly not in my pay. I really appreciate all your detailed replies and for not taking the piss out of me. I've generally always freelanced so worker's rights are something that I've never really had.

I am going to speak to ACAS and work out what to do from here. Thank you.

OP posts:
Ginmonkeyagain · 08/01/2024 13:15

A lot of zero hours staff get paid their accrued holiday every month rather than tsking it off IYSWIM. Check your payslip to see if that has happened.

beanii · 08/01/2024 17:17

Holiday pay is based on the number of hours you've worked in the few weeks before the holiday.

You should still get holiday pay even though you're in a zero hour contract.

Contact citizens advice

BambooFridge · 08/01/2024 17:20

Holiday pay is based on the number of hours you've worked in the few weeks before the holiday.

What do you mean 'in the few weeks before the holiday'?

ActDottie · 08/01/2024 17:28

tired17 · 08/01/2024 09:52

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

This. Zero hour contract still means holiday pay.

Lolly34h · 08/01/2024 17:42

I did casual work at a football club and they paid us a percentage of the hours worked at the end of the football season. It was also a zero hour contract

jazzhands84 · 08/01/2024 17:44

That's nuts! I have two employees who week 5 hours a week and get around 6 days a year holiday pay. I think you're owed quite a bit of back pay. It might be a nice surprise

Ginandjuice57884 · 08/01/2024 17:51

Zero hours used to mean zero holiday pay. Or they'd do something like a four hour contract even though you worked full time plus, and you'd only get 4 hours of holiday pay. It has changed now, thank fuck. Maybe she genuinely doesn't know.

TheLurpackYears · 08/01/2024 18:05

Ring ACAS and have a chat, they are really good. When you have the facts of the law you can decide what battles to pick .