Holiday Pay To Staff With No Contract

[cspooner]

i kept bar staff from previous landlord,as I was told they had a contract only to find they didn,t.They were here for four weeks and have now left but are saying we owe them holiday pay.Is this right?

[boxtops]

Do they have copies of their own contracts? without something written down and signed, surely they don't have a leg to stand on.....

[cspooner]

they admitted they haven't had a contract for years.We were told we had to take them on because of tupe we had never done this previously so assumed it was law only to find after four weeks we didn't need to keep them at all.

[boxtops]

Do they work fixed hours each week, or is it a zero hours/work when needed arrangement? OH and I are on zero hours contracts, we don't get holiday pay at all.

[cspooner]

they told us they worked 16hrs and needed me fro us to keep working family tax we stuggled to give them 3 shifts each week(5.5)x2( 5)x1 different days as needed pub w busy enough we thought to employ any staff( village pub)

[pixie373]

I believe if you work 13 weeks in a row, you are owed a week off no matter what the contract says.

[cspooner]

Thanks she doesn't have any contract she's tried to keep her job by pretending to have one.We asked her for it to give our accountant and she told us then she didn't have one.A week later said she got another job and left.But now 2weeks later telling us we owe her holiday pay...why

[Buenchico]

If you work as an employee for someone, a contract automatically comes into effect between the two of you, even if no written document ever exists. (An employer has a legal obligation to provide an employee with a 'written statement of employment particulars' within two months of them
commencing work. Even if the employee leaves almost immediately that legal obligation still exists, but failure to comply with that obligation does not negate the contractual arrangement which automatically came into place at the start of the employment).

If you work just a single hour for someone (as an employee, rather than as self-employed) you're still entitled to holiday pay.

If your staff had worked for you for a full year they would have been entitled to 5.6 x 16 hours holiday pay. Since they worked 1/13 of a year, they're actually entitled to 5.6 x 16/13 hours pay = 6.892 hours.

If you want to check my figures, start here:
https://www.gov.uk/calculate-your-holiday-entitlement

The accrued holiday pay should have been added to your staff's final week's pay, with PAYE and National Insurance (if relevant) being calculated upon the aggregate payment:
http://www.hmrc.gov.uk/manuals/nimmanual/nim09170.htm

[Hopkirk]

My second job is on a zero hours contract, but I get holiday pay as a percentage of what I work - as required by law.

[pixie373]

Yes, i did too, hopkirk, on a zero hours contract.

[cspooner]

thanks for all replies check out those links aswell been helpful cheers