How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jenny Your Own Question
Jenny, Solicitor
Category: Law
Satisfied Customers: 6464
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
Type Your Law Question Here...
Jenny is online now

An employee on a zero hours contract accrues holiday benefit

This answer was rated:

An employee on a zero hours contract accrues holiday benefit at 28/232 of hours worked. If that benefit arises before a pay rise and is paid after the pay rise, must the payment amount be calculated on their old or their new hourly rate?
Hello Pete my name is ***** ***** I am happy to help you today. Are they asking for pay in lieu in this situation?
Customer: replied 2 years ago.
Yes, they are asking for ££ (as opposed to time off).
Hi sorry for the slight delay I just wanted to double check the position. Has the persons contract come to an end and did they work variable or fixed hours during the week?
Customer: replied 2 years ago.
Their contract is not ending. They continue to work for me. Variable hours, depending on the requirements of the business and their own availability.
If they work variable hours then the rate of holiday and the rate that it is paid at is calculated on an average of the previous 12 weeks. This would mean that if it is a recent change in pay rate it would be mainly paid at the old rate. If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer, thank you and all the best.
Hello Pete is there anything further you would like to know as I can see you have not yet rated my answer which is an important part of the process?
Customer: replied 2 years ago.
Sorry - was mulling over your reply. Your: "the rate of holiday ... is calculated on an average of the previous 12 weeks." appears to be unnecessarily complicated when faced with "real-life" figures. I had expected to determine the employee's holiday hours entitlement by entering their total hours worked into the HMRC calculator at webpage original question here was just what hourly rate to use for payment in lieu of this entitlement. Your: "the rate that it is paid at is calculated on an average of the previous 12 weeks" answers that.If there is anything wrong with my proposed above strategy, please let me know. If all looks OK to you I will close this item and rate your answer. Please let me know.
Hi I am sorry if you feel that the 12 week average is an unnecessary complication. Unfortunately it is a statutory requirement where hours are not the same each week and could result in a claim if it is not calculated properly. If there are any further questions please do ask otherwise please take the time to rate my answer as I am not otherwise credited for my time.
Jenny and other Law Specialists are ready to help you