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UK Window Cleaning Forum => Window Cleaning Forum => Topic started by: richywilts on April 30, 2011, 02:19:17 pm

Title: staff on zero hour contracts problem
Post by: richywilts on April 30, 2011, 02:19:17 pm
got two staff on zero hour contract i have paid them for bank holidays coz they said they wanted it off just wondering if anyone knows if i have too pay them for bank holidays or not by law
Title: Re: staff on zero hour contracts problem
Post by: Andy Foster on April 30, 2011, 02:35:50 pm
If their contracted working day is a Monday then you have to pay them a pro-rata rate for any bank holiday monday.

If their contracted days are any other days then no you don't have to pay for bank holiday mondays.

Same for Friday bank holidays obviously.
Title: Re: staff on zero hour contracts problem
Post by: richywilts on April 30, 2011, 02:46:10 pm
iv got them both on zero hour contracts in case of raining etc or bad weather shud i just treat it as a full contract then n pay them for it which doesnt bother me paying them i was just seeing if i was obliged to or not
Title: Re: staff on zero hour contracts problem
Post by: Wc Solutions on April 30, 2011, 02:47:59 pm
i pay mine but i take all the bank hols off there yearly holiday days ....
Title: Re: staff on zero hour contracts problem
Post by: Andy Foster on April 30, 2011, 02:48:17 pm
I guess that is up to you then but I would say that you are not obliged to legally if they are not guaranteed any hours
Title: Re: staff on zero hour contracts problem
Post by: Helen on April 30, 2011, 03:54:51 pm
iv got them both on zero hour contracts in case of raining etc or bad weather shud i just treat it as a full contract then n pay them for it which doesnt bother me paying them i was just seeing if i was obliged to or not

I though that "zero hours" was for casual/temp staff, how often are you using them a week?

Go to direct gov site and that will give you all the details of your obligations or not
Title: Re: staff on zero hour contracts problem
Post by: richywilts on April 30, 2011, 04:58:44 pm
it is a sort of temp job though isnt it with our weather, if u can provide them with work but if u cant say due to weather then ya not entitled to have to get them work
Title: Re: staff on zero hour contracts problem
Post by: dave0123 on April 30, 2011, 05:13:05 pm
well its not really temp is it? how many days a year do you take out because of weather not loads.. only the snow over the last couple years has been a problem other than that id say no more than 8-9 days where you cant work in the year due to weathe
Title: Re: staff on zero hour contracts problem
Post by: mikecam on April 30, 2011, 10:26:18 pm
got two staff on zero hour contract i have paid them for bank holidays coz they said they wanted it off just wondering if anyone knows if i have too pay them for bank holidays or not by law
'by law' you do have to pay holiday pay. Paying them for 'the bank holiday' will come off their accrued holiday entitlement.
Title: Re: staff on zero hour contracts problem
Post by: Moderator David@stives on April 30, 2011, 10:31:21 pm
you have to pay 5.8 weeks holiday pay regardless
Title: Re: staff on zero hour contracts problem
Post by: wpclean on April 30, 2011, 11:45:18 pm
If you are employing staff then why not pay them a decent wage ?   It you do not have the work to sustain an employee then why employ using questionable contracts ?   
Title: Re: staff on zero hour contracts problem
Post by: richywilts on May 01, 2011, 12:41:07 am
iv got plenty of work i just seen someone on here had there staff on zero hour contracts n when i used a hr guy to draw up contracts just went with the zero hour thinkin it was the best option for me at the time maybe il look into it i was paying the staff for the bank hol regardless just wanted to find out if i had to as i cud mention it to them n make me look like a caring boss ;D ;D
Title: Re: staff on zero hour contracts problem
Post by: Andy Foster on May 01, 2011, 12:52:00 am
you have to pay 5.8 weeks holiday pay regardless

Only if they are full time.  It is pro rata for part time staff and if their normal days do not coincide with bank holidays then they are not entitiled to pay for those days.

The 28 days holiday can include bank holidays too if you want them to.
Title: Re: staff on zero hour contracts problem
Post by: mci services on May 01, 2011, 01:16:01 am
richy I understand the zero contract thing, but your question doesn't really matter what contract they are on, no you don't have to pay them, they are entitled to a holiday entitlement, so they take the bank holidays as a holiday and get paid and you deduct it from their holidays, or they work and get paid as normal or they don't work and don't get paid and the holiday's they are due still.

My old man always employed on a piece rate contract but I am not sure that is even legal anymore, but as far as I have read into it a zero hour contract is a also a bit dodgy, you have to every few weeks not let them work in order for it to be upheld, that is the case of a tribunal of course, you may get away with it for years as long as no one contest's it.

but from the little I have read if challenged, and the workers had done a certain number of hours every week, they then average that out and then you lose.

I went for an in-between solution and went for a part time contract with 16 hours and overtime, but it didn't really work out for me, it may well for you though as I was a rubbish employer first time round ;D
Title: Re: staff on zero hour contracts problem
Post by: Denise l on May 01, 2011, 07:15:06 am
By law you are obliged to pay them 20 days holiday plus 8 days bank Holidays whether they are part-time or not, just pro-rata it for p/time. and they accrue 1.6 days for every month from day of starting
Title: Re: staff on zero hour contracts problem
Post by: Andy Foster on May 01, 2011, 09:21:04 am
By law you are obliged to pay them 20 days holiday plus 8 days bank Holidays whether they are part-time or not, just pro-rata it for p/time. and they accrue 1.6 days for every month from day of starting

28 days is only for those working 5 days per week.

Anyone working less is entitled to a percentage of those 28 days according to the number of days they do.

Read this
http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10029788 (http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10029788)
Title: Re: staff on zero hour contracts problem
Post by: bobplum on May 01, 2011, 07:26:03 pm
got two staff on zero hour contract i have paid them for bank holidays coz they said they wanted it off just wondering if anyone knows if i have too pay them for bank holidays or not by law

ring acas
Title: Re: staff on zero hour contracts problem
Post by: Gav Camm lammy 283 on May 01, 2011, 07:48:59 pm
bob you need acas ;)
Title: Re: staff on zero hour contracts problem
Post by: bobplum on May 01, 2011, 09:01:23 pm
bob you need acas ;)

hows the new van going gav
Title: Re: staff on zero hour contracts problem
Post by: Gav Camm lammy 283 on May 01, 2011, 09:08:54 pm
bob its a dream m8 110mph wiv a full
tank ov pure  ;D ;D ;D
Title: Re: staff on zero hour contracts problem
Post by: Pope vader on May 01, 2011, 09:56:57 pm
http://www.consumeractiongroup.co.uk/forum/showthread.php?125520

this might help