holiday pay

[embob2]

hi slightly less question than my other post but i have been employed for 8 weeks now and i am on a weekly rolling contract.when i asked the supervisor for a holiday form to book a day off i was surprised when he said that temporary staff on a weekly contracts are not entitled to paid holiday.
when i asked other workers they said that the company do not pay holiday pay to weekly contracts workers.
is this correct?

[mariefab]

Re: holiday pay

No it isn't.

[mariefab]

Re: holiday pay

To expand on that ^; holiday entitlement for casual/zero hours contract workers is usually calculated as 12.07% of the hours worked,
Some (bad) employers will tell you that your holiday pay is included in your hourly rate. But they can only do this if it's made clear from the outset and if the amount of holiday pay is shown separately on your wageslips.

[embob2]

Re: holiday pay

i get £7.50 ph work 40 hours per week.i didnt notice but someone else on weekly contract said in the contract it says that they do not pay holiday paid

[Amethyst]

Re: holiday pay

Do you have to be employed 12 weeks before qualifying for holiday pay ( statutory wise ?) [MENTION=26290]mariefab[/MENTION]

Embob do you have a copy of your contract? 40 hrs a week is full time so you should be entitled to stat holiday pay so 28 days.

[embob2]

Re: holiday pay

i dont have a copy of contact but been told by senior supervisor and a few staff that they do not pay holiday paid to weekly contract staff.as i said been there for 8 weeks now and when i asked about holiday was told that you will not get paid which i thought was wrong.

[Amethyst]

Re: holiday pay

I think it is too - it may be you aren't entitled yet as you may not have accrued any days but [MENTION=51026]Ula[/MENTION] & [MENTION=26290]mariefab[/MENTION] are the knowledgeable ones in this area ...you could also give ACAS a call http://m.acas.org.uk/index.aspx?articleid=2042 and see what they say
Is it a big firm you work for?

[embob2]

Re: holiday pay

Has about 80-100 staff with about 25 on rolling weekly contracts

[Amethyst]

Re: holiday pay

The 25 on rolling contracts do you know if they have been there(and on these contracts) for any length of time ? or is everyone only there a few months ?

Basically they can't avoid their employees having statutory rights by giving them rolling contracts.

You're employed directly by them and not through an agency ?

[embob2]

Re: holiday pay

hi yes i am employed directly by them.to be honest most of the people came and go but their are about 4 people (including me)who have been on these contracts the longest.i was told by someone that he was employed for 10 months on a weekly contract and never had any holiday paid ( he left couple weeks ago)

[warwick65]

Re: holiday pay

Just so you know, I work occasionally for a temp agency and every job gives two rates of pay. The rate I receive and 'holiday pay' which is normally around £1 per hour . Each week, or when I submit my time sheets I have the option of claiming holiday pay

So basically i am not even on a rolling contract - for example one job is just for 2 days

[mariefab]

Re: holiday pay

Employees must be given a statement of particulars/contract/whatever within 2 months of their start date.
However, as you are casual you might not get one because casual/zero hours staff are often classed as workers rather than employees. Whether you are an employee or a worker depends on several factors.

That said both workers and employees, are entitled to at least the statutory minimum amount of paid holiday entitlement from day 1 of their employment.
It's just that, as they often work irregular hours, employers will often use the 12.07% of hours worked to calculate their entitlement or use the last 12 weeks of paid work to calculate the amount of holiday pay when leave is taken.
For the avoidance of doubt, the Working Time Regulations 1998 that governs this mostly talks in terms of workers rather than employees.

So, your employer is acting unlawfully by refusing paid holidays to it's casual/zero hours/rolling weekly/whatever they want to call it staff.

[mariefab]

Re: holiday pay

I should mention that an employer can limit, during the first year of employment, the amount of paid holiday that you can take to the amount that you have accrued to date.
(WTR 1998 s.15A)