Zero Hour Contracts and Holiday Pay - ** RESOLVED **

[steampowered]

Apologies, I hit a wrong number on my calculator for the number of weeks in a year. Bit of a dumb moment. I've edited my post to fix the error.

 

Of course the exact figure may vary throughout the year based on changes to the 12-week moving average. My calculation assumes you get paid the same each week.

[joemaries]

No problem steampowered I thought I was close to an answer. So on assumption that the figures are correct 2315.38 / 28 = 82.69 per day

 

So claiming for 5 days holiday pay would give me 5 x 82.69 = 413.45 so my question remains How the hell can he pay me for 5 days totalling £350 (not precise but makes for easy reading)

[steampowered]

I agree with your calculation, assuming you are on a 5-day working week. Note that the legal right is expressed in terms of weeks not in terms of days - see Regulation 16 (1) of the Working Time Regulations (http://www.legislation.gov.uk/uksi/1998/1833/regulation/16/made).

 

You said in your opening post that "company accountant takes our average wage for the week and divides by 7 to get a daily rate". This is wrong since he would need to divide the weekly wage by 5 not 7, for a 5-day working week. However I'm not sure this error would explain the underpayment since it would result in you getting paid £300 not £350. When you refer to £350 I also assume this is pre-tax.

[joemaries]

Therein lies a difference. I work a 6 day week but I still don't see how this affects it as when I originally got my holiday pay I thought he was diving my weekly wage into weeks of 6 days but even then he would be underpaying the holiday by the end of the year. I know I am not entitled to any extra holiday as I work 6 days a week which I am fine with. Yes the £350 is pre-tax.

[mariefab]

You can't have both a zero hours contract and be subjected to a detriment (by reducing holiday entitlement/pay) on the grounds that you work a 6 day week.

 

So, which is it?

What does your contract say about your working hours/days?

[steampowered]

That might explain it. If a week's pay of 415 is divided into 6 days, and then multiplied by 5, you end up with 350.

 

The statutory right is to 5.6 weeks paid holiday. If you need to take 6 days of leave to get a week off, you should be getting 33.5 days holiday not 28. As per the link I posted, I think you should be getting a week's pay (calculated on the basis of a 12-week average) for a week's leave.

[joemaries]

For those that ever remember reading this thread. This has at last been resolved. I waited until the end of the tax year and made an appointment with the accountant. Over the course of the year I accrued £2300 in holiday pay and had only been paid £1700. I showed my evidence to him and he accepted he hadmade a mistake and gave me some made up excuse. However I have now received all my outstanding holiday pay.

[honeybee13]

Hello again.

 

That sounds like a result to me, well done. And thank you for letting us know the end of your story, it will help other people. I'll change your thread title.

 

HB

[citizenB]

Excellent news

 

A dfference of £600.00 ! I wouldnt want that accountant doing my books ?