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Zero hours contracts and bank holidays

3 replies

TarnishedSilver · 14/01/2021 16:57

Are staff who work zero hours contracts entitled to pro-rated bank holidays as well as annual leave? Or is it just annual leave?

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Comefromaway · 14/01/2021 16:59

Everyone is entitled to 28 days (which includes bank holidays) on a pro rata basis.

flowery · 14/01/2021 17:00

Bank holidays aren't special. They're just annual leave that normally takes place on set days.

A zero hours person could either be an employee or a worker. Workers have fewer rights. Either way, they are entitled to statutory minimum holiday entitlement of 5.6 weeks a year. This can include bank holidays if the company wants to do that.

Someone on zero hours is also entitled to not be treated less favourably than a comparable full timer worker. In practice, this will only apply where the zero hours person is an employee rather than a worker, as someone who works full time will almost certainly be an employee.

If the zero hours person is a worker rather than an employee, they'll still be entitled to statutory minimum holiday but if employees get bank holidays on top, the zero hours worker won't be able to say they should also get them.

TarnishedSilver · 14/01/2021 17:09

It's all good I think - the contract has incorrect details on it but the holiday calculation multiplier is correct at 12.07% which take 28 days into account. Is this right?

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