Is it legal to not receive any holiday pay?

[Aceofbase00]

Sorry didn't know where to post this.
I have a casual contract in a school where I'm paid hourly for the tutoring that I do. There's no holiday pay attached either to the hourly rate or that I receive during school holidays.
Also, I'm looking to leave it and not sure what sort of notice period to give. There isn't one stated on the contract, just says 'please let us know as soon as possible.'

They aren’t giving you paid holiday then - so are breaking the law. They can’t just say time you aren’t scheduled to work is classed as holiday if you aren’t paid for it. Workers and employees are entitled to PAID holiday. Makes me so angry how employers treat people!

This is incorrect. It depends on her contract and her employment terms,she’s not just automatically entitled irrelevant

Op in your contract are you guaranteed a set amount of hours weekly and are you sure you’re an employee of theirs?

it reads to me you are undertaking casual hours and not considered a regular employee. As such uou wouldn’t get sick pay, redundancy , holiday pay etc.

you need to be clear on your contractual terms

There has been a recent legal case related to exactly this point www.stoneking.co.uk/literature/e-bulletins/faq-holiday-pay-part-year-workers-education it is very complicated and impossible to tell from this whether the school are complying or not. I would suggest a question to HR as to whether they are complying with Harper vs Brazel would he helpful

I think that you are entitled to holiday pay. There was a case in July of last year where a part-year and zero hours contract worker was entitled to the full 5.6 weeks of statutory paid holiday. Might be worth speaking with ACAS.

It’s simple really. Are you an employee or worker - then yes, you’re entitled to holiday and holiday pay. If not, you’re self employed and you are not.

If you are entitled, what does your contract say about it - to be lawful it should set out your salary over the 39(?) school weeks, but paid in 12 equal instalments and clearly state which part of your salary is apportioned to holiday and when the leave is taken. This calculation is fine as long as it’s over NMW and your holiday entitlement is as it should be.

If you are entitled but are only paid for the time you actually work, with nothing in the holidays and nothing detailing holiday pay, that’s probably unlawful.

Yes it is correct if she is an employee or worker. As others have pointed out there has been recent case law on this.

The information is here for casual and zero hours workers. Employers cannot use contract terms to get themselves out of the law.

www.gov.uk/government/publications/calculating-holiday-pay-for-workers-without-fixed-hours-or-pay/calculating-holiday-pay-for-workers-without-fixed-hours-or-pay--2#calculating-holiday-pay-for-workers-with-irregular-hours-or-those-on-zero-hours-contracts