Holidays for zero hours, casual and part-time workers
Q: My employee works hugely variable hours, has taken no holiday this year and now wants two paid weeks. How do I determine her entitlement?
A: Have a look at the total number of hours she has worked in the holiday year to date. Then work out 12.07% of those hours. That is her entitlement to hours of paid holiday at this time. You could pay those hours over the two weeks of holiday and any remaining holiday hours she might wish to take could be without pay.
Of course, you might be prepared to let her take pay for more holiday hours (if she needs them) and recoup those hours from her final pay should she leave before accruing them all. If you choose to do this make sure you have the appropriate clause in her contract of employment first.
The question of a holiday pay rate also arises. You can assess this by taking the previous 12 weeks (in which she has actually worked) and establishing an average hourly rate.
This is general guidance and not a substitute for specific advice.