[Gilbert Sprous]

Just wanted some input on how I plan to do my holiday entitlement for the coming year.  I would not think that I would run into any legal problems with this, but as I value a lot of your ideas I thought it would be a good idea to run it past the forum.

The problem is that we do contract cleaning as well as a lot of one offs.  Builders cleans, temporary cleaning and stuff like that.  If I accumulate the holidays for the hours worked for one offs then it will mean more holiday entitlement for the contract cleaning and I can not afford to have someone off from the contract side 50% of the time because they have accrued so much holidays through one offs.  Some times they can do as many hours in a few days as they would couple of weeks through the one offs.

Here is my  plan.  They will accrue holidays at the current rate of 5.6 weeks per annum pro rated for their hours they work for each contract.  For the one offs I will pay them the holiday entitlement as part of their pay.  Kind of like agency work.  If I wanted the pay to be 8 GBP per hour for the one offs I would list it on the pay slip as 7.14 for each hour worked and another entry for .86 for each hour worked and list it as holiday entitlement pay.  That uses .1207 percent, which I am pretty sure is what the new holiday entitlement is for this year.

Any thoughts, or is this what a lot of you are aleady doing and I only thought I came up with a good idea lol

Cheers

Gilbert

[Griffus]

Our staff are all employed via 'zero hours' contracts.

They accrue holiday entitlement via hours worked. Twice a year (June and December) we pay them for FULL days accrued. Anything else carries over.

The calculation is based on a working year consisting of 260 days, each of 8 hours (2080 hours). Prior to April 2009 our staff therefore accrued one day's holiday pay for each 86.66 hours worked. This will now be reduced to one day for each 74.29 hours.

[Fox]

Hi

It is illegal for you to pay for holiday days/hours that haven't actually been taken (not sure if this is what you are saying or not but adding hol pay as a figure to hours worked and paying it seems like this).

For my employees that work odd hours when they want to take their hols I add up the last 13 wks (or less if they haven't been with me that long) and divide it by 13 to give the average wage this is the amount they will get.

We have one employee who works different hours on different days his least being a 2 hour shift and most a 6 on weds, he seems to think if he takes off every other weds he will get more hol pay!!  lol how some people think make me laugh.

Fox

[Griffus]

Hi

It is illegal for you to pay for holiday days/hours that haven't actually been taken (not sure if this is what you are saying or not but adding hol pay as a figure to hours worked and paying it seems like this).

Not sure if this is addressed to me, but to clarify: -

Our employees are employed on 'Zero Hours' T&C's.

This means that they are not scheduled to work any hours / days at all and thus booking a holiday is pointless as if they don't want to work they don't have to. To this end the law dictates that they still accrue holiday pay as they are not to be discriminated against because of the way in which they are employed.

We therefore make a payment twice per year, not for holidays not taken, but for holidays accrued.

Your statement would be correct in relation to part time or full time employees that were being paid for holidays whilst at the same time working them (i.e. holiday pay and hours worked for the same day).

[Gilbert Sprous]

So it seems I may have it wrong then.  If I pay them for holidays for the same hours they work then it is not allowed.  How about if I have them sign seperate contracts, one for the contracted office cleaning and one for additional work.  I could accumulate the holiday pay for the additional work until they requested the holidays. 

I have to say it works out the same but I know I want to stay within the legal requirements.  I think most of my employees would request the pay on a monthly basis but who knows they may just save it up.  I would have to make sure and put it aside in my accounts.

Cheers

[robert meldrum]

businesslink.gov.uk online holiday calculator