zero hour contracts

[SilverTongue]

They are legally entitled to holiday pay. Holiday entitlement is acrued through hours worked and not hours contracted to work.

If they don't get it I would suggest this is because they don't realise they are entitled to it and neither does whoever they asked about it.

2. Holiday pay: the basics Workers are entitled to a week’s pay for each week of leave they take.
A week’s pay is worked out according to the kind of hours someone works and how they’re paid for the hours. This includes full time, part time and casual workers.

Working pattern Pay Fixed hours and fixed pay (part time or full time) - A week’s holiday pay equals how much a worker gets for a week’s work (excluding non-guaranteed overtime payments in most cases)
Shift work with fixed hours (part time or full time) - A week’s holiday pay equals the average number of weekly fixed hours a worker worked in the previous 12 weeks at their average hourly rate
No fixed hours (ie casual work) - A week’s holiday pay is the average pay a worker got over the previous 12 weeks (in which they were paid)

Calculating average hourly rate
To calculate average hourly rate, only the hours worked and how much was paid for them should be counted. Take the average rate over the last 12 weeks. If no pay was paid in any week, count back a further week, so that the rate is based on 12 weeks in which pay was paid.

Rolled-up holiday pay
Holiday pay should be paid for the time when annual leave is taken. An employer cannot include an amount for holiday pay in the hourly rate (known as ‘rolled-up holiday pay’). If a current contract still includes rolled-up pay, it needs to be re-negotiated.

https://www.gov.uk/holiday-entitlement-rights/holiday-pay-the-basics


Just to confirm what Fox has said with the key parts highlighted as we had this problem with my OH as she was getting her holiday rolled up. Also had it with my employer as they will work out the average if you have any time off thus reducing how many hours you get for holiday but won't work the average if you do overtime

 

[Freakbro]

No they don't, what gives you the right to tell me they do?
Time and again I've heard the same story from different staff when it comes to holidays, if they have time off they don't get paid.

Just had a reply on The Facebooks from a friend on Zero Hours.
He definitely doesn't get holiday pay but 'thinks' he gets more per hour than the several staff on a full time contract which doesn't go down too well.
He also says he gets sick pay but it is very risky taking time off because they'll just use somebody else.

Everyone is legally entitled to holiday pay, casual, temps, zero hour contracted people, just as Fox says, and for people with irregular work patterns its calculated at 12.07% of hours worked.

Now, that doesn't mean they would necessarily get paid at the point they take holiday, but they should get it paid at some point. I calculate it every quarter and just pay it on top of that months wages.

You used to be able to roll it up into your hourly pay, but that was made illegal in, iirc, 2006

How would they work sick pay out if he never knows what he is doing from week to week?

Statutory Sick Pay is a fixed amount of £86.70 / week atm, and it is based on your average earnings over the last 8 weeks to see if you qualify. It has to be over the LEL, so £109 a week for this tax year

 

[GAC]

Just had a reply on The Facebooks from a friend on Zero Hours.
He definitely doesn't get holiday pay but 'thinks' he gets more per hour than the several staff on a full time contract which doesn't go down too well.
He also says he gets sick pay but it is very risky taking time off because they'll just use somebody else.

How would they work sick pay out if he never knows what he is doing from week to week?

still doesn't change the fact he should get holiday pay, higher hourly rate or not. unless he's a contractor and not on a zero hour contract then he would be self employed.

this is the big grey area which agencies and companies try and pull a fast one by employing people on a zero hour contract but have them listed as self employed but forget to tell the employee's that. if he doesn't know what he's down as id tell him to find out or he may get a nasty surprise from the tax man or when he's no longer required and trys to sign on he wont be able to claim anything.

 

[GAC]

seems its a little more wide spread than first though, shocker.

More than a million UK workers are on zero-hours contracts with no guarantees of shifts or work patterns - four times official estimates, research suggests.

http://www.bbc.co.uk/news/business-23570345

 

[covenantuk]

Sure? Because a *lot* of staff at my workplace are getting no holiday pay. In fact many of the major agencies flat out do not pay holiday pay, to any of their staff.

Agency work and zero hours contracts are NOT the same thing.
Contracting and zero hours are NOT the same thing.

Fact is that zero hours contracts are perfect for some workers as it allows them to vary their work hours work as if self-employed without having to worry about administering tax/insurance themselves.

Sure, some companies will abuse the system, that is always the case just as many companies used to abuse the part-time worker laws to avoid paying pensions. As with that, the solution is to amend the law, not ban zero hours and take away a form of working that suits many students and parents who want flexible working arrangements.

 

[Oct0ber13]

Can I ask how do you know 90% of Asda workers are on 16 hour contracts?

 

[GAC]

Can I ask how do you know 90% of Asda workers are on 16 hour contracts?

may not be country wide but my cousins asda was that way, he said the only people who got full time contracts were the section supervisors and management. as others have said here its more wide spread than people like to let on. especially asda.

 

[Oct0ber13]

which was asda was that in? can i email you? I'm doing some research on the subject and would be interested in talking if possible.

 

[wnb]

You still get sick pay, holiday pay, smp and spp on a zero hour contract. If you do not then your employer is breaking the law.

 

[GAC]

which was asda was that in? can i email you? I'm doing some research on the subject and would be interested in talking if possible.

it was the rochdale branch thankfully he's no longer there. as for emailing me no point as i didnt work there and never will iv done my stint in retail and its a joke.

if your doing research (im guessing journalist) get a job on a zero hour contract and see what actually happens. as it amazes me how the media bring on someone who's not very articulate and then have a business professional sat opposite them to rip them to shreds. god forbid the real truth of what happens got out past the minor ravings of a few students.

You still get sick pay, holiday pay, smp and spp on a zero hour contract. If you do not then your employer is breaking the law.

imagine that, companies breaking employment law. sad fact is a lot of companies and agencies break it daily. the best one is demanding employee's bring there own ppe (safety gear, boots/waterproofs etc) and forgetting to tell them they are actually entitled to holiday pay. and the best one of course abusing them when they do take time off, so they have to start at the bottom of the pile again for hours.

 

[Oct0ber13]

Yes i am a journalist and we are definitely looking into how best tell the story of people on zero hours contracts.
I'm also interested in wider employment practices such as employing people on short hours contracts and how that effects their rights.
If anyone wants to talk - let me know.

 

[covenantuk]

 

[Oct0ber13]

Thanks for that - I got that the other day. Interesting how they originally thought it was 200,000 and now the figure has been revised up to 250,000.

 

[Freakbro]

It's still only 0.84% of the working population...

As I said earlier in the thread, there is nothing wrong with the principle of zero hour contracts (one of the places I work uses them) it's just when companies abuse the system that it becomes an issue.

 

[Oct0ber13]

Where do you work?

 

[covenantuk]

Exactly. It's a political storm whipped up by Labour over a relatively small number of employees some of whom are being abused by the employer in ways that are ALREADY against the law.

People really have to learn to be skeptical of anything politicians say and go find out the truth for themselves.

 

[robgmun]

Labour are really scrambling for anything right now, especially with the release of the news that there's been a big jump in the economy (It was all over the standard last night) and it seems like we might be doing quite well by the time we reach the 2015 election.

 

[Rotty]

It's still only 0.84% of the working population...

As I said earlier in the thread, there is nothing wrong with the principle of zero hour contracts (one of the places I work uses them) it's just when companies abuse the system that it becomes an issue.

like when my wife's emplyers call her on a Saturday evening and say she has to work (1 or 2 hrs notice) as it is her "weekend on" and then they get stroppy if she refuses

 

[robgmun]

like when my wife's emplyers call her on a Saturday evening and say she has to work (1 or 2 hrs notice) as it is her "weekend on" and then they get stroppy if she refuses

It's her choice to be on Zero hour contract, she signed it! If she doesn't like she can walk away and look for another job

Personally if i was made an offer and on the first day they slapped down a Zero hour contract, i would say "if you really want me then produce a proper contract or sorry i'm going"

 

[Rotty]

It's her choice to be on Zero hour contract, she signed it! If she doesn't like she can walk away and look for another job

Personally if i was made an offer and on the first day they slapped down a Zero hour contract, i would say "if you really want me then produce a proper contract or sorry i'm going"

she has no problem with it but it works both ways, she is not "on call" 24x7