Holiday problem

[rhig123]

Hi,

Does anyone know if an employer can not allow people holiday entitlement by placing them on a zero hour contract? I have worked for three summers (03-05) and have been refused the holiday entitlement from them. Is there anything i can do?

Richard

[davjoh]

Even if you are on a zero hours contract, you are still entitled to pro-rata holidays to the hours worked. How long do you usually work in Summer?

[rhig123]

Hi, thanks for the quick reply, sorry for the lack of detail but I had the post made for me while at work. I will have around four 3 month summers by the end of the month at full time. I work for a retail chain and was told I wasnt entitled to holiday pay for 02-05 on the contract by my area manager, I will be giving head office a call in the morning. If I don't get anywhere I was planning on a subject access request to get the exact number of hours as I think I am missing a couple of payslips.

 

If I can prove the amount of hours, could I just send them a letter demanding the amount owed threatening court action like with bank charges? I'm pretty sure they would pay up in that event but being a major retailer I presumed they would have some trick up their sleeve to think they could get away with it.

 

Thanks again,

 

Richard

[mree]

There's no trick they can use to get away with it - whatever basis you're employed on, you're entitled to accrue 1 hour paid holiday for every 12 hours (I think, I'm sure someone will correct me soon if this is wrong) worked. If you don't take it as actual time off during your working hours, then they must pay the amount owing to you at the end of your contract.

[rhig123]

Thanks ever so much guys I called head office today explaining that I had been mislead by my manager. They still tried to avoid it claiming it was my fault for not claiming it and the the money would not be paid as it was too long ago. After threatening court action they have agreed to reimburse me, needless to say I will be sending in a SAR to check their calculation and will most likely be asking for the interest seeing as they have been at fault.

 

I honestly don't know where I would be without CAG, this year I will have claimed back nearly £2,000 of money I am owed by companies. As a student thats nearly what I work all summer to make. I will be making a donation on payday