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?!

@Cloverforever there has been a whole malarkey about holiday pay for part year/zero hours contract workers since the Harper V Brazel case a couple of years ago.

Those you have posted are the most recent changes but for at least the past few years the 12.07% method & rolled up holiday pay have been deemed unlawful & won't be able to be applied to the OP's backdated holiday pay calculations - it'll be the 52 week average method that will need to be used.

As for the use it or lose it policy that can only be enforced if the employer has ensured employees have had ample opportunity to take holiday - in this case they have, they just haven't bothered paying the holiday pay that should go alongside holiday leave.

OP definitely contact ACAS & give full details - you could actually get backdated holiday pay to the start of your employment if you've never had any & it's deemed the fault of the employer.

On my payslip i have £50 a week holiday pay paid to me.
Later on the £50 holiday pay is removed as 'company deductions'. Im not a limited company. Im an agency worker for civil service.
Never been paid for a holiday or bank holiday in 6 years.

@DuchessPotato rolled up holiday has just been reintroduced confusingly. But up till 2024 you are correct

You should definitely ring Acas and ask for advice @Redlarge . I have no idea how agency work works, but showing holiday pay on your payslip and then deducting it sounds dodgy to me!

Thank you. Ill ring tomorrow. I quired it once with my umbrella company and they said it was right.

Are you self employed? (I.e. submit your own tax returns each January to HMRC)
If so you, as I used to be, are not entitled to holiday or sick pay.

No love.

Do you get the compulsory pension contributions? They have to join you up to one nowadays unless you ask to opt out.

Accepted that a lot of businesses run on ZERO HOURS contracts and Minimum Wage but there should be HOLIDAY ENTITLEMENT!!!!!
She's been pocketing it ( metaphorically).

The system is: If there is not a ' Holiday Pay ' system in place for the employees, then the hourly rate has to be increased to allow for the fact that no holiday - pay system is in place

This is how it works for me

Here is some information on agency worker rights.

www.gov.uk/agency-workers-your-rights/your-rights-as-a-temporary-agency-worker

Yes, I think it changes again from April this year, but agreed from now confusingly.

Total nightmare to administer! V glad I had a change of career.

Hi yes, you are def right ref from April. But in terms of what OP should have had retrospectively, it would be the 52 week average scenario. Apologies if I confused anyone.

Any update OP?