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November 6, 2021

Are Employees on Zero Hours Contracts Entitled to Holiday Pay

Filed under: Uncategorized — Chris Chaten @ 2:52 PM

Zero hours contracts are employment agreements that do not have a specific number of hours guaranteed. This means that the employee can be called upon to work at any time, but they are not obligated to accept the work offered to them. In recent years, zero hours contracts have become increasingly popular, particularly among industries that are highly seasonal or have unpredictable workloads. However, one question that often arises with these contracts is whether employees are entitled to holiday pay.

The short answer is that employees on zero hours contracts are entitled to holiday pay, just like any other employee. In the United Kingdom, the law states that all workers, including those on zero hours contracts, are entitled to a minimum of 5.6 weeks’ paid holiday per year. This is the equivalent of 28 days for a full-time employee. Part-time employees are entitled to a pro-rata amount of paid holiday based on the number of hours they work.

It’s worth noting that the entitlement to holiday pay is based on the hours that an employee has actually worked. For example, if an employee has only worked a few hours per week over the course of a year, their entitlement to holiday pay will be lower than that of a full-time employee. However, they are still entitled to at least the minimum amount of paid holiday.

Another important point to consider is that the right to paid holiday cannot be waived by the employee or the employer. In other words, even if an employee agrees to work on a zero hours contract without holiday pay, they are still entitled to it by law. This means that any contract that attempts to waive the right to paid holiday is likely to be unenforceable.

In conclusion, employees on zero hours contracts are entitled to holiday pay, just like any other worker. This entitlement is based on the hours worked, and cannot be waived by either the employee or the employer. It’s important for both parties to be aware of these rights and to ensure that they are adhering to the law. Any attempt to deny an employee their rightful holiday pay can result in legal action and damage to the employer’s reputation. Therefore, employers should make sure they have appropriate HR policies in place to ensure that their employees are treated fairly in regards to holiday pay.

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