Zero Hours Contract and Leave Entitlement

[Feebee_71]

Hi all,

 

I am employed in the care sector with a private company going into people's homes. My contract says full time care workers in the company are entitled to 22 days leave and 8 bank holiday days a year.

 

When I queried something last week with my employer about the amount of leave accrued in a period of time over the year - they've changed the leave year from being Jan-Dec to now being June-May - to date they told me I'd only accrued 9 days though, by my calculations it should be 12.5 days or there about. When I queried it I was told that, as we get paid double time if we work on a bank holiday, we're not also entitled to the 8 days off for bank holidays per year.

 

As my hours/days of work always include Mondays and Fridays it means that I have no choice as to whether I work or take the day off - no way can I get through the year with only 14 days leave if I were to take the bank holidays off!!

 

Are my employers right in that I don't get the 8 bank holidays as they pay us double time for working those days or should I be entitled to them in addition to the 22 days leave??

 

Thanks for help in advance,

 

Feebee_71

[Mr Happy]

I am creating a legal document to advise some of the drivers where I work about their rights, this issue is something that often comes up, here is what I have prepared so far so someone may wish to add to it, its all taken from government web sites.

Holiday

1. Entitlement

 

Almost all workers are legally entitled to 5.6 weeks paid holiday per year (known as statutory leave entitlement or annual leave).

Self-employed workers aren’t entitled to annual leave.

Working 5 days a week

 

Most workers who work a 5-day week, must receive 28 days paid annual leave per year. This is calculated by multiplying a normal week (5 days) by the annual entitlement of 5.6 weeks.

Limits on statutory leave

 

Statutory paid holiday entitlement is limited to 28 days. Staff working 6 days a week are only entitled to 28 days’ paid holiday and not 33.6 days (5.6 multiplied by 6).

Bank holidays

 

Bank or public holidays do not have to be given as paid leave. An employer can choose to include these holidays as part of a worker’s statutory annual leave.

 

The fact you are paid double time for working bank holidays is a bonus that they do not need to do by law but may well be written into your contract of employment, you are however entitled to 28 days holiday by law.

[Feebee_71]

Thanks for that info. I've also got a document from the company that says we get 22+8 days leave - it's only since this change of date for leave year period that they want to mess about with giving us less than I was sure we're entitled to!!

 

Will go back to them when I'm not working all hours as I am this week - 7am to 6pm them sleeping night 10pm to 7am!!

 

Feebee_71

[Feebee_71]

Asked in the past about annual leave entitlement at my company and told that the company are in the wrong regarding full time employees only being entitled to 22 days leave a year because we get double time on bank holidays so are not entitled to being given 8 days leave in lieu of them.

 

I have tried pointing out to the company again that this is incorrect and that we are entitled by law to 5.6 weeks leave per year but feel I'm not being listened to. Could anyone please point me in the right direction for information about this that I can show my employers so it's not just a case of me saying we are entitled to this leave!!

 

Thanks in advance,

 

Feebee_71

[Emmzzi]

https://www.gov.uk/holiday-entitlement-rights/entitlement

[Conniff]

An employer can choose to include these holidays as part of a worker’s statutory annual leave.

[becky2585]

An employer can choose to include these holidays as part of a worker’s statutory annual leave.

 

They can but they need to be giving 28 days leave per year, whereas the OP only gets 22!

[Conniff]

Is that 22 including Bank Holidays ?

[honeybee13]

Conniff, I believe it's 28 days including bank holidays for a full-time worker. Emmzzi's link helps, but I'll try to post a different calculator website if I can find one.

 

HB

[Feebee_71]

Is that 22 including Bank Holidays ?

 

Hi Conniff,

 

My company insist that we get 22 days paid leave per year and, as we get paid double rate for Bank Holiday calls, we are not entitled to any leave days in lieu. Therefore the 22 days doesn't include BH's according to my company!!

 

Feebee_71

[Emmzzi]

do you have the choice of not working the bank holidays?

[Feebee_71]

Thanks for the various replies. It isn't helped that I've only worked for this company for12 months and have had a situation where they have altered the leave year dats from being Jan-Dec to now June-May. I am certain that, for the first 5 months of this year I was entitled to 12.5 days (or thereabouts) but my company are saying its only 9 days and therefore I've overtaken leave by 3 days which they have deducted for. The forthcoming years entitlement meaning I've only got 19 days of paid holiday coming my way!!

 

Feebee_71

[Feebee_71]

Hi Emmzzi,

 

My days off are Thursday one week and weekend (Sat & Sun) the following week therefore I am expected to work every bank holiday unless they fall on my day off. I can ask not to work them but am expected to use one of my leave days but will only get the days off if there a sufficient other workers available to cover the calls.

 

Feebee_71

[Emmzzi]

So if you took all the bank holidays off you would only have 22 - 8 = 14 days holiday left?

[Feebee_71]

That's right

[Emmzzi]

 

Are your fellow workers with you on this? I feel a collective greivance is the way to go. They'll pick you off individually...

[Feebee_71]

I have spoken to others (who have worked there longer than me) and they do agree that they feel as if the company doesn't give us the leave we're entitled to, that somehow they never seem to get their full entitlement and that they'd like to actually receive what they/we're entitled too.

 

My intention is to put the statutory regulations, copy of our employment contract and a letter they actually sent out saying we get 22 days plus the (disputed by them) 8 bank holiday days so the company know that I/we know what we're entitled to irrespective of what they might try and say!! When I queried it last time they did say if there was anything I wanted further clarification of then I could go to them which is what I intend to do!!

 

Feebee_71

[Emmzzi]

I would completely expect them to drop the double time on bank holidays and make working them mandatory. But, that may be ok with you?

[Feebee_71]

As I said to other staff who I've chatted about it with - I'd rather lose the double pay but get the amount of leave we're actually entitled to by law!! For me, at least, the days off are more important given how few days off I get currently!!

 

Feebee_71

[Feebee_71]

I have written previously about the company I work for and their decision that, as we get paid double time for working on bank holidays, we're not entitled to leave days for them and therefore are only getting 22 days leave a year if working full time (and less pro rata).

 

Anyway, today I took in a notice THEY sent out saying leave was 22 days PLUS bank holidays for full time staff. Also informed them that the law states we're entitled to 5.6 weeks/28 days paid leave a year. Now they're saying it's to do with us being employed on zero hours contracts - even if we're working full time hours!!

 

They have said they'll clarify matters with the HR company they use (external company) and get back to me hopefully by the end of next week.

 

Are they correct or, as I work more than the minimum hours required by law to be classed as full time, do I qualify for the leave entitlement of a full time worker?

 

Thanks in advance for any assistance,

 

Feebee_71

[Sidewinder]

Doesn't matter whether you have a zero hours contract or a full time one - every worker is entitled to the equivalent of 5.6 weeks holiday a year, accrued for all time worked, including Bank Holidays.

 

If you work irregular hours, then this can be averaged over a qualifying period, but with zero hours it is more common to 'bank' 12.07% of any hours worked as paid leave entitlement, so when submitting timesheets etc, the employer should calculate the leave entitlement and allow you to take that as paid time off at your normal rate of pay in accordance with standard holiday booking procedure.

[Feebee_71]

Thanks sidewinder,

 

I think they are (perhaps deliberately) confusing the matter because someone has pointed out to them that they aren't complying with the law. I'm not sure they calculate our leave on 'bank' methods as they say we're entitled to 22 days leave per year for full time carers.

 

I'll now wait to see what they come up with as a response and will post back when they do!!

 

Feebee_71

[sillygirl1]

Feebee_71, Bank method is the same as 12.07% - what they call in payroll terms the WTD element.... I know because I was dealing with the bank staff for a major London hospital quite recently.

 

They are taking the proverbial here, and their HR company are too - so maybe a complaint about the HR company to Trading Standards would be in order.

 

Exploitation of these zero hours contracts has exploded in the past few years, taking over from where the older three month revolving contracts finished off.

 

A lot changed in April with the agency workers regulations - something you should read up on.

[Feebee_71]

Thanks for that Sillygirl,

 

I'll see what the office come back with having challenged them again about the leave and what they are saying being different to what both contracts say and what legislation allows for before I report anyone to TS - though I'm more likely to report the company to whoever is the relevant organisation as they're the ones not giving us what we're entitled to!!

 

Feebee_71

[Feebee_71]

Heard back frommy employer and, to say the least, it appears confusing what they're telling me. This is what they say.....

 

"As long as you are working equivalent of full time employee (ie 37.5hrs a week), then you will be entitled to 22 days holiday a year and the bank holidays.

If you don’t work on the bank holidays then these are taken into account when pro rating your holiday.

If you do work on bank holidays however, the company does not offer days off in lieu."

 

They then go on to say, for the period of Jan-May I was entitled to 12.5 days leave including bank holidays and took 12 days paid leave - so far so good, and I agree with those figures - then they continue that I worked 4 of the 5 bank holidays - 12+4=16 (so it appears I have taken 3 days more leave than I'm entitled to???) That really confuses me I'm entitled to 12.5 days including BH's, use 12 of them and work 4 bank holidays and they seem to be trying to say I've used 16 days of entitlement!! I have asked for further clarification of this point.

 

For the next 12 months leave period, they have said that I'm entitled to 30 days (leave + BH's) have 3 to be deducted for the previous leave period and have taken 7 leave days which, by my calculations means I've 20 to play with. They want to deduct for a bank holiday they say I was off but I need to check as, I'm sure I worked it!!

 

As I say, they've made my head spin with is thing of having days deducted from my entitlement if I work them but not if I don't!!

 

Feebee_71