Holiday pay rights when leaving in a zero hour contract with no notice.

[Guest]

Hi, I know that title is a little contrived, however I'm stuck in a bit of a rut.


I recently quit working in a restaurant (no contract signed) and asked for any remaining pay (incl. holiday). The owner got back to me stating that as I didnt give enough notice, I'm not entitled to my holiday pay or tronc (service charge). I don't really know much about workers rights, but this to me doesnt seem right.


As mentioned, this place doesn't provide contracts to new employees, nor is there a handbook stating employment terms and conditions. He also stated that part time employees must give a set amount of notice;
firstly, when I started I was working 35+ hours a week and only recently had my hours lowered due to disagreements with the manager.
secondly, without a contract, is the full-time/part time label valid?
Thirdly, if no contract is signed stating amount of notice required, can I be penalised for not giving enough?


Sorry if this is a bit all over the place, I'm not very good with words. Any help would be great!

Thanks

[mariefab]

Re: Holiday pay rights when leaving in a zero hour contract with no notice.

How long did you work there?

[Guest]

Re: Holiday pay rights when leaving in a zero hour contract with no notice.

April this year

[mariefab]

Re: Holiday pay rights when leaving in a zero hour contract with no notice.

I don't know how much notice you gave, but without a contract you only needed to give 1 week and full-time or part-time working has nothing whatsoever to do with notice periods.

Entitlement to payment for accrued untaken holiday pay on termination of employment also has nothing to do with notice periods. They must pay this.
If you let us know the total number of hours you worked for this employer and how many hours of paid holiday you've already taken, we can work out the number of hours of accrued holiday pay that's due.

I'm not sure about the tronc payment. It would depend on how the tronc system works at that particular workplace.

[Guest]

Re: Holiday pay rights when leaving in a zero hour contract with no notice.

Thanks for getting back so fast!

I gave less notice than that, but I thought, as I'm not under contract, I'm not contractually obliged to give any notice, giving one out of courtesy more than anything.

I know how much holiday pay I should be getting, i emailed the General Manager and he put it all through payropl , incl holiday. I haven't yet recieved any pay so emailed in and the owner replied saying I'm not entitled to the holiday or tronc.

Is it worth going to a citizens advice bureau?

[mariefab]

Re: Holiday pay rights when leaving in a zero hour contract with no notice.

Sorry, I wasn't paying proper attention to what you'd already written.

If you were on a zero hour contract you didn't need to give any notice at all. You just needed to say that you were no longer available.

I don't know what the CAB services are like in your area, so I can't advise whether they could help you.

Did you take any paid holiday while you worked there?

[Guest]

Re: Holiday pay rights when leaving in a zero hour contract with no notice.

No worries!

Am I in the right in that case? I live in Hackney, London, I will have a look at them tomorrow. I was speaking to someone else about this and they said go to ACAS.

I did, I don't remember how long for but can find out. I also had some holiday pay added on to my pay 1 fortnight (how often we were paid) after my manager docked my hours and used it to increase my pay.

[mariefab]

Re: Holiday pay rights when leaving in a zero hour contract with no notice.

Yes, you are in the right about giving no notice.
One of the main factors of a zero hours contract is that the mutuality of obligation between employer and worker (that would be present in a normal contract of employment) is absent.
i.e. they don't have to provide you with work and you don't have to undertake the work that they do offer.
So, notice periods from the worker or the employer are not required in these circumstances.

Here's a rough guide to holiday entitlement. ACAS's number is on page 2.

https://www.gov.uk/holiday-entitleme...ts/entitlement