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Another Zero hours contract & holiday pay

14 replies

fallenempires · 08/04/2018 00:03

Yes,this old chestnut again sadly!
Was employed on a "zero hours" contract,no paperwork with t&c but had signed all the relevant legal documentation.
Was employed for almost eight months working an average of 25-30 hours a week,often more.Worked two bank holidays and had two off as the business was closed.
All staff were made redundant after the New Year.
P45 and final pay slip arrived and I was shocked to see that I hadn't been paid any holiday pay whatsoever nor had I taken any.
I contacted my former employer and the initial response was "zero hours don't qualify".Having tackled them on this and explaining that holiday pay is mandatory not optional they came back with an offer which equates to 20 hours pay,this would be paid directly into my account without deductions and that I wasn't to disclose this to former colleagues.
I was asked to accept.I hadn't as was trying to seek a definitive figure through legal channels i.e. GOV which by using their online calculator suggests that I'm owed quite considerably more.
However they went ahead and paid this 20 hours pay into my account last week.(Using the pay-in ref of 'Full and Final Payment')
I have contacted ACAS who couldn't provide me with a concrete answer regarding the amount but suggested Early Conciliation.
Besides the seemly paltry amount I am also concerned that I have been paid this amount of money which hasn't been declared and that both my P45 for my now new employer and subsequently my P60 are inaccurate.
Former employer is an employee of a major UK company and works as a manager/trouble shooter but had/has their freedom to run the business under their own Ltd company,i.e. paid via large company and allowed to pay their staff through their own self employment.
Please if any of you can provide me with a figure for holiday pay owed and also for how I can receive an accurate P45.
TIA

OP posts:
caroldecker · 08/04/2018 00:41

You are entitled to 28 days a year (pro-rata). 8 months at 25 hours a week is around 93 hours holiday. You have had 2 days (so x hours) and paid 20 hours. What are you missing?

fallenempires · 08/04/2018 01:19

Thank you for replying it's very much appreciated!
Just shy of eight months by five days.
Ex employer has calculated it as 3.5 x 5.6.
The email stated "without prejudice" and "strictly full and final offer" and "This offer is non negotiable and strictly confidential"
I was asked for my agreement which I hadn't given but had the amount paid into my account regardless.

OP posts:
flowery · 08/04/2018 08:10

Statutory minimum holiday is 12.07% of hours worked. So just add up all the hours you worked and find 12.07% and that’s the figure.

Ignore the without prejudice and strictly confidential stuff. There’s no need for negotiation when it’s holiday pay owing. Write asking for what you’re owed and for an accurate P45, otherwise you will start the process for bringing a tribunal claim to recover what you are owed.

fallenempires · 08/04/2018 08:40

Thank you,
This is what I thought but just needed clarification.
Obviously I deduct the two bank holiday days?

OP posts:
flowery · 08/04/2018 08:48

If you were paid for them, yes.

fallenempires · 08/04/2018 22:08

No I wasn't business closed Christmas & Boxing Day

OP posts:
fallenempires · 08/04/2018 22:08

No I wasn't business closed Christmas & Boxing Day

OP posts:
fallenempires · 08/04/2018 22:09

No I wasn't business closed Christmas & Boxing Day

OP posts:
fallenempires · 08/04/2018 22:09

No I wasn't business closed Christmas & Boxing Day

OP posts:
fallenempires · 08/04/2018 22:09

No I wasn't business closed Christmas & Boxing Day

OP posts:
fallenempires · 08/04/2018 22:09

No I wasn't business closed Christmas & Boxing Day

OP posts:
caroldecker · 08/04/2018 23:24

If you were unpaid for the 2 days, then they owe you the full amount.

flowery · 09/04/2018 06:26

If you weren’t paid for the bank holidays then they aren’t relevant. Just add up the total hours you have worked and find 12.07%.

fallenempires · 09/04/2018 15:35

Thank you both for helping me out.
Now to send the email...I don't think that it will be well received and that I'll have to go down the ACAS route.
I'm also concerned about their use of a dodgy accountant.

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