I wish people would just refrain from
commenting rather than giving out incorrect information, especially in a matter as important as this.
but I’m glad you have received some correct information now OP.
yes, zero hours staff are absolutely entitled to holiday pay.
The “old way” was that most employers just paid an additional 12.07% in salary.
The law then changed when a music teacher went to tribunal / appeal etc and won (Harper Trust V Brazel)
The new law was that part year workers (which zero hours would be) are entitled to the full 5.6 weeks holiday and holiday pay was based on their average earnings over the previous 52 weeks.
This has again changed, from April , going back to the 12.07% for companies whose holiday year is April - March.
whichever calculation applies to you , ultimately you should have received holiday pay.
If you feel able to, you could try and resolve this informally for example “Hi X, I have become aware that I have not been receiving any holiday / holiday pay. Given I’m not currently required to work, perhaps I could be placed on annual leave during this period and receive my holiday pay” You can then discuss previous years and how this will be resolved.
You would be suprised how many small business owners don’t know the basics when it comes to employees - holiday included- she may not actually know.
If this doesn’t work, or you don’t feel comfortable, speak to ACAS.
This is called “early conciliation” where they will call or email the employer to let them know you are potentially making a claim for holiday pay. If you get a good ACAS advisor, they will tell her that yes she should have been paying this.
if she has any sense she will pay you what you are due as they absolutely will not win a tribunal !
early conciliation usually lasts six weeks. If payment is made to you, you will be asked to sign a document called a COT 3 which basically means you agree the matter is settled and can’t take it to a tribunal. If you remain employed, she does need to then make the correct holiday payments going forward - the agreement can’t stop her doing that.
if she is an idiot and you get no settlement at ACAS after the 6 weeks, you will be issued a certificate that allows you to then submit a tribunal claim. You would be claiming for a breach of a statutory right.
The second she gets legal advice about your claim, they will tell her what an idiot she is and tell her to settle with you rather than attend a tribunal that she cannot win 😂
Do pursue this. I know so many people who don’t as they “don’t want to make a fuss” but this money is absolutely your right so please don’t give this up.