zero hours and holiday pay

zero hours and holiday pay

Didn't find your answer?

My client is working at least 70 hours per week on a zero hour contract at the same rate of pay per hour  (this is as casual contract)ACAS state that casual and irregular hour employees are paid holiday on either the number of hours worked at 12.07% or an average of 12 weeks pay.  Can anyone tell me if this is legal as such to limit the hours of pay to 48 hours. copy of contract below, many thanks                                                                                                                                                                                                                                                                                        .Holidays Your holiday entitlement will  depend on the number of hours that actually work and be pro-rates on the basis of full time employment  (28)days holiday during each holiday year (including the usual 8 public holidays in England and Wales) The companys holiday year runs between 1 January and 31 December.                                                                                                                                                                                                                                                      At the end of each assignment the company will pay in lieu of any accrued but untaken holiday for the holiday year in which the assignment ends.The amount of the payment will  be calculated on the basis that each day of paid holiday equals 8 times your hourly rate at the time of termination.                                                                                                                                                                                                                                                     If you have taken more holiday than your accrued entitlement at the date that your assignment ends, the company shall deduct any payment due to you one days pat (on the basis that a days pay equals 8 time your current hourly rate) for each excess day.                                                                                                                        

Replies (2)

Please login or register to join the discussion.

By Democratus
25th Oct 2013 16:33

It seems...

It seems that the definition af a day seems reasonable. At 8 hours it's hard to argue your client is any worse off in this regard than others who are on "normal hours" contracts but a day's holiday is still defined as X hours irrespective of overtime worked.

 

That being said I'm no expert on zero hours. You might try HR Zone a sister website to AWeb.

Thanks (0)
By tracybbs
25th Oct 2013 16:59

There was a programme on TV about it the other night

Basically large companies such as Asda are saving hundreds of thousands by putting all their employees on low hour contracts so that they pay less holiday pay - so I think it is legal.

Thanks (0)