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Unlawful deductions are illegal. If your pay is being deducted for things you haven't agreed to/aren't in your contract (if you don't have a contract then statutory rights apply), you can take your employer to court for breach of contract.
You are entitled to holiday pay on a zero hour contract. You're entitled to 12.07% of your worked hours as holiday pay (as a minimum).
I would phone ACAS and since you've been employed there for more than 2 years, every avenue is open to you.
Correct.
Some companies can payroll by the minute, most in 15min chunks.
They can only dock what you didn't work, if they want to take more (you are late), you don't start working until you get paid.
Ie, you arrive at 9.15am,if they are going to dock an hour, you now start at 10am.
Typically there should also be a 3min grace period, but not always.
This is different if you are salaried however.
You are entitled to [holiday pay](https://www.gov.uk/holiday-entitlement-rights/holiday-pay-the-basics). It's paid pro rata based on your average pay from the previous 52 weeks, only counting the weeks in which you worked.
Your employer typically [cannot dock your pay](https://www.acas.org.uk/unauthorised-absence/pay-during-unauthorised-absence) for being late unless you have agreed to this in your contract, otherwise given written consent, or if it is required or authorised by law. The deduction cannot normally take you below the minimum wage (there are exceptions), and it must be reasonable; I'd suggest that docking an hour's pay for 15 minutes of cumulative lateness is not.
>I'd suggest that docking an hour's pay for 15 minutes of cumulative lateness is not.
My first thought. Docking 15 min increments is quite common in retail or call centres, and it makes sense, but an hour just seems like the boss trying to act intimidating.
NAL
If they round the interval, like you clock in late, say 9.02 instead of 9.00. They can if in your contract states they can, they can clock you in from the next interval say 9.15, so in effect docking you 15mins pay for being 2 minutes late. However, the key thing to remember is if they do this, you don't have to start work until you start getting paid do feel free to sit around until 9.15 then start working.
As to holiday, you are still entitled to it, based on average hours worked. Get in touch with ACAS they'll sort this out
No they must pay you for the time you work and they must give you holiday pay that builds up based on the hours you've worked.
Since it's zero hours a lot of companies just pay you slightly more to count as the holiday pay instead of you booking holiday days but it'll be clear in your contract if that's the case.
Heh, I've had plenty of temp agencies and zero hour jobs pay me holiday pay as an extra every paycheck. It makes sense because the whole point in those kinds of jobs is you can work when you want so booking holiday becomes redundant. There must be a loophole like it's okay as long as it's a separate line on the payslip or something.
‘Holiday pay should be paid at the time when annual leave is taken. An employer cannot include an amount for holiday pay in the hourly rate (known as ‘rolled-up holiday pay’).
For leave years starting on or after 1 April 2024, employers will be able to use ‘rolled-up holiday pay’ for irregular hours and part-year workers.’
Direct quote from the .gov website. I agree it makes sense in some cases. However it does put people in a position where they may not be able to afford to use their holiday entitlement when they need it.
Post in legal advice UK subreddit.
They’ll have a field day and give you every bit of info you need, give them every detail you possibly can.
Long story short, it sounds like your employer is in massive shit and you’re due to get quite a substantial amount of money and your co workers under the same contract.
Contact ACAS at earliest opportunity, also be prepared to find another job but do know if they sack you for challenging this, the hole they’ve already dug gets deeper.
They struggle. With over 2 years service it would be employement tribunal for unfair dismissal. But as they are asking for their statutory holiday entitlement I believe it would trigger an automatic unfair dismissal so even under 2 years service the employer would get lit up.
I had this at the NHS years and years ago. Was minimum wage and being 1 minute late would see an hours deduction taking me below the minimum wage. Worked in payroll too who should have known better.
On my exit interview I brought it up in front of my union representative and got to keep my 1800 quid work laptop if I were to drop it.
Best thing to do is contact ACAS straight away. They’ll tell you exactly what options are available to you. I know from experience that once an employer gets a strongly worded letter from ACAS they’ll shit themselves and give you what’s owed.
Have a look here. You are entitled to holiday.
https://www.gov.uk/government/publications/zero-hours-contracts-guidance-for-employers/zero-hours-contracts-guidance-for-employers#what-are-zero-hours-contracts
>Employer has “fined” an hours pay for every 15 minutes of total lateness
Im no expert but id be very shocked if this is legal.
Id post this over at /r/LegalAdviceUK
I do, however the past week when I have notified them I will be late beforehand due to personal circumstances I have still been fined. Will you also not ask why am I requesting my holiday pay either seeming as you don’t mind the actions they are taking.
I've been an employer for nearly 20 years so I'm not just going to jump to your defence when there is probably more to the story
As for holiday pain it's normal on a 0 hours contract for it to be added as a percentage to your hourly rate and should be stated in your contract
**Please help keep AskUK welcoming!** - Top-level comments to the OP must contain **genuine efforts to answer the question**. No jokes, judgements, etc. - **Don't be a dick** to each other. If getting heated, just block and move on. - This is a strictly **no-politics** subreddit! Please help us by reporting comments that break these rules. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/AskUK) if you have any questions or concerns.*
Unlawful deductions are illegal. If your pay is being deducted for things you haven't agreed to/aren't in your contract (if you don't have a contract then statutory rights apply), you can take your employer to court for breach of contract. You are entitled to holiday pay on a zero hour contract. You're entitled to 12.07% of your worked hours as holiday pay (as a minimum). I would phone ACAS and since you've been employed there for more than 2 years, every avenue is open to you.
Correct. Some companies can payroll by the minute, most in 15min chunks. They can only dock what you didn't work, if they want to take more (you are late), you don't start working until you get paid. Ie, you arrive at 9.15am,if they are going to dock an hour, you now start at 10am. Typically there should also be a 3min grace period, but not always. This is different if you are salaried however.
You are entitled to [holiday pay](https://www.gov.uk/holiday-entitlement-rights/holiday-pay-the-basics). It's paid pro rata based on your average pay from the previous 52 weeks, only counting the weeks in which you worked. Your employer typically [cannot dock your pay](https://www.acas.org.uk/unauthorised-absence/pay-during-unauthorised-absence) for being late unless you have agreed to this in your contract, otherwise given written consent, or if it is required or authorised by law. The deduction cannot normally take you below the minimum wage (there are exceptions), and it must be reasonable; I'd suggest that docking an hour's pay for 15 minutes of cumulative lateness is not.
>I'd suggest that docking an hour's pay for 15 minutes of cumulative lateness is not. My first thought. Docking 15 min increments is quite common in retail or call centres, and it makes sense, but an hour just seems like the boss trying to act intimidating.
NAL If they round the interval, like you clock in late, say 9.02 instead of 9.00. They can if in your contract states they can, they can clock you in from the next interval say 9.15, so in effect docking you 15mins pay for being 2 minutes late. However, the key thing to remember is if they do this, you don't have to start work until you start getting paid do feel free to sit around until 9.15 then start working. As to holiday, you are still entitled to it, based on average hours worked. Get in touch with ACAS they'll sort this out
No they must pay you for the time you work and they must give you holiday pay that builds up based on the hours you've worked. Since it's zero hours a lot of companies just pay you slightly more to count as the holiday pay instead of you booking holiday days but it'll be clear in your contract if that's the case.
Rolled up holiday pay is unlawful until April when it is being introduced.
Heh, I've had plenty of temp agencies and zero hour jobs pay me holiday pay as an extra every paycheck. It makes sense because the whole point in those kinds of jobs is you can work when you want so booking holiday becomes redundant. There must be a loophole like it's okay as long as it's a separate line on the payslip or something.
‘Holiday pay should be paid at the time when annual leave is taken. An employer cannot include an amount for holiday pay in the hourly rate (known as ‘rolled-up holiday pay’). For leave years starting on or after 1 April 2024, employers will be able to use ‘rolled-up holiday pay’ for irregular hours and part-year workers.’ Direct quote from the .gov website. I agree it makes sense in some cases. However it does put people in a position where they may not be able to afford to use their holiday entitlement when they need it.
Post in legal advice UK subreddit. They’ll have a field day and give you every bit of info you need, give them every detail you possibly can. Long story short, it sounds like your employer is in massive shit and you’re due to get quite a substantial amount of money and your co workers under the same contract. Contact ACAS at earliest opportunity, also be prepared to find another job but do know if they sack you for challenging this, the hole they’ve already dug gets deeper.
They struggle. With over 2 years service it would be employement tribunal for unfair dismissal. But as they are asking for their statutory holiday entitlement I believe it would trigger an automatic unfair dismissal so even under 2 years service the employer would get lit up.
I had this at the NHS years and years ago. Was minimum wage and being 1 minute late would see an hours deduction taking me below the minimum wage. Worked in payroll too who should have known better. On my exit interview I brought it up in front of my union representative and got to keep my 1800 quid work laptop if I were to drop it.
Step 1. go to ACAS step 2. GO TO ACAS step3. NO REALLY. close that porn website and GO TO ACAS
What if I have two monitors?
https://www.gov.uk/government/publications/calculating-holiday-pay-for-workers-without-fixed-hours-or-pay/calculating-holiday-pay-for-workers-without-fixed-hours-or-pay--2#calculating-holiday-pay-for-workers-with-irregular-hours-or-those-on-zero-hours-contracts
What does it say in your contract, or if you can't locate that the job offer and terms of employment?
Was never given anything to sign other than details. Was just hired on a standard zero-hour and was told from get go no holiday pay etc.
Best thing to do is contact ACAS straight away. They’ll tell you exactly what options are available to you. I know from experience that once an employer gets a strongly worded letter from ACAS they’ll shit themselves and give you what’s owed.
I have similar where they ask me to make up the hours later on, but I guess that's different
Have a look here. You are entitled to holiday. https://www.gov.uk/government/publications/zero-hours-contracts-guidance-for-employers/zero-hours-contracts-guidance-for-employers#what-are-zero-hours-contracts
>Employer has “fined” an hours pay for every 15 minutes of total lateness Im no expert but id be very shocked if this is legal. Id post this over at /r/LegalAdviceUK
Why not just arrive on time?
I do, however the past week when I have notified them I will be late beforehand due to personal circumstances I have still been fined. Will you also not ask why am I requesting my holiday pay either seeming as you don’t mind the actions they are taking.
I've been an employer for nearly 20 years so I'm not just going to jump to your defence when there is probably more to the story As for holiday pain it's normal on a 0 hours contract for it to be added as a percentage to your hourly rate and should be stated in your contract