Holiday Entitlememnt

[gordie1968]

Hi I work on a zero contract hour contract at the moment working between 55 to 72 hours per week,my holiday window is from 1st January to 31st December,I am leaving this company on sunday 16th February.Can anyone tell me how many holidays im entitled to when i leave.

[Sidewinder]

Impossible to say without knowing EXACTLY how many hours you have worked each week since 1st January.

 

For non-fixed hours the norm is to calculate an entitlement based on either an average number of hours worked over the preceding 12 weeks, or more likely (and easier to calculate) to add up the hours worked and then calculate 12.07% of the hours worked.

 

So - the answer to your question should be 12.07% of the hours worked between the start of the year and the date that you leave less any paid holiday already taken

[gordie1968]

Impossible to say without knowing EXACTLY how many hours you have worked each week since 1st January.

 

For non-fixed hours the norm is to calculate an entitlement based on either an average number of hours worked over the preceding 12 weeks, or more likely (and easier to calculate) to add up the hours worked and then calculate 12.07% of the hours worked.

 

So - the answer to your question should be 12.07% of the hours worked between the start of the year and the date that you leave less any paid holiday already taken

 

Thanks for reply

 

Come Sunday when i finish up i will have worked 534 hours if this helpsand i havent had any holidays yet

[Sidewinder]

Then 534 hours x 12.07% = a shade under 64.5 hours. That should be what you have accrued.

[gordie1968]

Just over 5 days holiday then I'm due,as I'm paid 12 hrs per holiday.

 

Thanks for your help.

[happyhelper]

Gordie - bit technical, but link to following case confirms that in all likelihood your employment status under a zero hours contract is an "employee", and is without doubt a "worker".

 

http://www.ppma.org.uk/ppma-news/did-zero-hours-contract-establish-employee-status-and-continuity-of-employment-/

 

Either way you are entitled to holiday pay. HOWEVER, you are now surely in a new holiday year. And there is a risk that if you did not request a carry over of leave due from 1/1/13 to 31/12/13 into new current holiday year your employer may refuse to carry entitlement over.

[Sidewinder]

Gordie - bit technical, but link to following case confirms that in all likelihood your employment status under a zero hours contract is an "employee", and is without doubt a "worker".

 

http://www.ppma.org.uk/ppma-news/did-zero-hours-contract-establish-employee-status-and-continuity-of-employment-/

 

Either way you are entitled to holiday pay. HOWEVER, you are now surely in a new holiday year. And there is a risk that if you did not request a carry over of leave due from 1/1/13 to 31/12/13 into new current holiday year your employer may refuse to carry entitlement over.

 

Which is why the calculations were based only on hours worked since 1st January 2014 - the OP did not ask about any entitlement from last year, and the 5 days accrued is all from the 2014 holiday year

[happyhelper]

Which is why the calculations were based only on hours worked since 1st January 2014 - the OP did not ask about any entitlement from last year, and the 5 days accrued is all from the 2014 holiday year

 

Aah silly me !!!

 

Gee , well the OP's zero hours contract is the most peculiar zero hours contract I've ever come across ! If the OP has routinely been working more than 48 hrs per week did the OP agree to opt out of the 48 hrs max working week as per the Working Time Regulations !?