Jump to content
style="text-align:center;"> Please note that this topic has not had any new posts for the last 186 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I'm asking about holiday pay for my wife.

 

She has a zero hours contract and today she has shown me her contract.

 

The job was given to her by a friend.

 

She was told the hourly rate was X amount (by the friend).

 

The contract say the hourly rate is X amount (what she thought it was) but this also includes any holiday entitlement (12.07% of the hourly wage she is getting an hour). So if she has a week off she does not get paid anything for that week.

 

She is working 40 hours a week and this oversight is costing her £5000 a year. She expects to be there for the best part of a year to complete a specific job.

 

How does she resolve this?

 

She wants this private company to offer her a permanent contract but i think if she raises questions she will not get this offer. She has been there for 14 weeks so far.

 

I know "rolled up" contracts are illegal (according to the .gov.uk website).

 

I look forward to any help.

Share this post


Link to post
Share on other sites

From: https://www.gov.uk/holiday-entitlement-rights/holiday-pay-the-basics

 

Rolled-up holiday pay

 

Holiday pay should be paid for the time when annual leave is taken. An employer cannot include an amount for holiday pay in the hourly rate (known as ‘rolled-up holiday pay’). If a current contract still includes rolled-up pay, it needs to be re-negotiated.

 

Please wait for the employment experts to drop in and comment on the situation before doing anything hasty.


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

No... you can't eat my brain just yet. I need it a little while longer.

Share this post


Link to post
Share on other sites

Rolled up holiday pay is not always unlawful, and is often paid as you describe on contracts like this. The point is whether, in her contract and payslip the holiday pay included is shown seperately. If it is, it's lawful and it's up to her to save it if she wants "paid holiday".

 

If she raises a grievance, whether right or wrong, she is incredibly unlikely to keep the job or the friend who gave her the job.

 

At that point, if the holiday pay is not clearly stated and she wishes to take this further, it's at her risk. Equally, if it is stated, she's losing nothing and the employer had done this correctly.

 

Oh, and the .gov site is often wrong! It can't possibly cover all legal eventualities.

Share this post


Link to post
Share on other sites

The Working Time Directive is clear that holiday pay should be paid at the time that an employee takes holiday. Rolled up holiday pay is considered unlawful under the WTD however the UK implementation of the Directive was not (nor is) quite so specific. Although the Government guidance is that holiday pay is unlawful, and that holiday pay should be paid based on hours worked at the time of taking leave, any employer still using the practice of rolled up holiday pay will have a defence to any claim for non-payment of holiday pay so long as the 'rolled up' element of pay is clearly separated and documented as such on the payslip. There is also a recommendation that any contracts still in place where rolled up holiday pay is used should be renegotiated

 

So the shortened version of the above is that yes, it is unlawful, but in terms of what can happen as a result is very little so long as the contract and payslips make it transparent that there is one rate of pay for the job (which cannot be below NLW/NMW) and a separate pay element representing the rolled up holiday pay. The employee must also be free to book (and should be made to take) the statutory minimum annual leave entitlement. The contract does though need to be renegotiated so that leave is paid at the time it is taken

 

EDIT - crossed posts with Sangie - sorry


Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

Share this post


Link to post
Share on other sites

My wife is getting over NMW.

 

The payslips show her hourly rate but no mention of holiday pay.

 

Her contract does clearly show her hourly rate includes 12.07% holiday pay.

 

Thank you for your replies so far.

Share this post


Link to post
Share on other sites

as it's zero hours, she can just stop any time she gets a new job.

 

 

but perhap a conversation with her friend first would be helpful!


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

Share this post


Link to post
Share on other sites

She's tried talking to her friend but she does not know anything about employment law. Her friend (who works there on over double the wage) was told the wage was XX.XX an hour but did not say whether holiday was or was not included in that figure.

 

Her contract says she has to give a week's notice, if she wants to leave.

 

My wife should have either queried this when she was given the contract or shown it to me.

 

In this part of the country employment is so poor she's grateful to have a job.

Share this post


Link to post
Share on other sites

she can just refuse any shfts while working her notice = no actual notice

 

 

 

otherwise it is not zero hours


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

Share this post


Link to post
Share on other sites

as it is a zero hours contract she can decide whe she wants to take a break and there is nothing the employer can do, that is what zero hours contracts are about. in practice it would be wise to forewarn them about having a holiday so they can make arrangements where necessary.

Now as said, uplift legal but unusual for people on 40 hour weeks and working year round check that the sums add up correctly. I cant see that she could possibly lose £5k a year unless she is on a contract that pays £25 per hour before the uplift

 

As for notice period, a zero hours contract means no notice is needed.

All his tells me employer just cant be bothered to make much effort so she shpouldnt expect much in the way of appreciation and loyalty

Share this post


Link to post
Share on other sites
as it is a zero hours contract she can decide whe she wants to take a break and there is nothing the employer can do, that is what zero hours contracts are about. in practice it would be wise to forewarn them about having a holiday so they can make arrangements where necessary.

Now as said, uplift legal but unusual for people on 40 hour weeks and working year round check that the sums add up correctly. I cant see that she could possibly lose £5k a year unless she is on a contract that pays £25 per hour before the uplift

 

As for notice period, a zero hours contract means no notice is needed.

All his tells me employer just cant be bothered to make much effort so she shpouldnt expect much in the way of appreciation and loyalty

 

Thanks for your replies.

 

Her hourly wage is supposed to be £10 per hour plus holiday. I have calculated she is on £8.92 per hour plus £1.08 rolled up holiday.

 

I got my sums wrong and she is £48 a week short (if she accepted rolled up leave).

Share this post


Link to post
Share on other sites

Just for the record

 

 

If you raise a grievance under the working time regulations you shouldn't suffer detriments or be dismissed

 

see section 45A and section 101A of the Employment Rights Acts 1996

 

see also sections 31 and 32 of the Working Time Regulation 1998

 

Most times, you shouldn't suffer any form of detriment when you ascertain a statutory rights

Share this post


Link to post
Share on other sites

is that written down somewhere? If £10ph plus holiday pay it will be £11.20ph. Ohter than that she can claim holiday pay based on the number of hours worked per year as per the govt calculator If it is £10 inclusiveas you have calculated then does it say that in writing somewhere.

?

 

 

.

Thanks for your replies.

 

Her hourly wage is supposed to be £10 per hour plus holiday. I have calculated she is on £8.92 per hour plus £1.08 rolled up holiday.

 

I got my sums wrong and she is £48 a week short (if she accepted rolled up leave).

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?





  • Tweets

  • Posts

    • Just something simple like this?      Dear ECP,    With reference to charge number: xxx xxx,  I would like to update you with the address of the registered keeper of the following vehicle:    Reg: xxx xxx Address: xxx xxx   Yours sincerely,    NameOfRegisteredKeeper
    • Thanks dx100uk   cal days?   Okay so as I understand your answer. I need phone court meditation and says yes to meditation if not too late now.   Then when phone meditation takes place I will have to tell them > I do not have all info. I answer that I don't have what is required to go ahead with meditation.   But that questionnaire requires me to answer yes or no? saying yes that i have it now is wrong? 2. I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before I can mediate   I will try to search and look for other things sorry I am just very confused with legal matters and don't want to risk doing anything wrong.    So I should not try to negotiate with Lowell? looking at 50 or 60% discount that was offered years ago?
    • No scanner to hand, so thought I'd get a bit of typing practice instead.     Header Info:      Body:     
    • yep simply send ECP a letter informing them of the current registered keepers address
    • The last thing you want is a default CCJ and they are sneaky enough to get one by sending all paperwork to your the  address, you could inform them of the Keepers new address, but do not admit to being the driver,  could you post up the demand as a pdf please.  |'m sure the crew will be along soon with better advice.
  • Our picks

    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
        • Like
      • 0 replies
    • 30 Day Right To Reject - Vehicle Casualty Report. Read more at https://www.consumeractiongroup.co.uk/topic/415585-30-day-right-to-reject-vehicle-casualty-report/
      • 57 replies
×
×
  • Create New...