Agencies and Holiday pay!!!

Hi,

Firstly apologies for the length of this post and I will not be offended if you get bored and stop reading!

I am quite confused and concerned about the holiday pay arrangement with my agency. Its impossible to get a straight answer out of them so I have no idea if they are just thick or acting in an underhand manner.

I started working in mid Feb and from the start they deducted "statutory holiday pay" from my weekly pay. This is then converted into accrued hours which I can apply to take as and when I want paid time off work. It is roughly 10% of my weekly wage which amounts to 4.53 hours per week.

Now, with the initial 3 month/12 week period over, to my understanding, I am now entitled to the same benefits as normal staff. When this time came i received an email with this:

"The Premium Rate (pre-deductions) applicable to this Assignment is 9.55000 Per Hour. This rate includes 36.00 days paid holiday inclusive of your pro-rata 28 days statutory leave entitlement per annum and any such additional assignment leave (if any) will be paid on a ‘rolled up’ basis during the Assignment. The statutory leave entitlement will be deducted through payroll and shall be paid in accordance with clause 7 of the Terms of Assignment of Temporary Workers."


My problem is that it appears I cannot take any holidays unless I have accrued them first. I have just received my pay slip for last week and as i didnt have enough hours in the "bank" I did not get paid for the jubilee bank holiday (even though i booked these days in advance). Does the "rolled up" basis mean that once i have accrued the holiday pay I will be paid for the hours i previously booked?

It seems to me that this is a grossly unfair and confusing practice.

Hope i have made this clear enough.

Can anybody advise me on this please?

Thanks

Mark

Comments

  • CAB_Malvern_Hills_representative
    CAB_Malvern_Hills_representative Posts: 153 Organisation Representative
    Hi,

    Firstly apologies for the length of this post and I will not be offended if you get bored and stop reading!

    I am quite confused and concerned about the holiday pay arrangement with my agency. Its impossible to get a straight answer out of them so I have no idea if they are just thick or acting in an underhand manner.

    I started working in mid Feb and from the start they deducted "statutory holiday pay" from my weekly pay. This is then converted into accrued hours which I can apply to take as and when I want paid time off work. It is roughly 10% of my weekly wage which amounts to 4.53 hours per week.

    Now, with the initial 3 month/12 week period over, to my understanding, I am now entitled to the same benefits as normal staff. When this time came i received an email with this:

    "The Premium Rate (pre-deductions) applicable to this Assignment is 9.55000 Per Hour. This rate includes 36.00 days paid holiday inclusive of your pro-rata 28 days statutory leave entitlement per annum and any such additional assignment leave (if any) will be paid on a ‘rolled up’ basis during the Assignment. The statutory leave entitlement will be deducted through payroll and shall be paid in accordance with clause 7 of the Terms of Assignment of Temporary Workers."


    My problem is that it appears I cannot take any holidays unless I have accrued them first. I have just received my pay slip for last week and as i didnt have enough hours in the "bank" I did not get paid for the jubilee bank holiday (even though i booked these days in advance). Does the "rolled up" basis mean that once i have accrued the holiday pay I will be paid for the hours i previously booked?

    It seems to me that this is a grossly unfair and confusing practice.

    Hope i have made this clear enough.

    Can anybody advise me on this please?

    Thanks

    Mark


    The CAB website www.adviceguide.org.uk has very useful information on rights and entitlements of Agency workers and rights to holiday pay. See the section on work-basic rights at work -Agency workers.

    To get to the bottom of this issue you need to get advice directly in person from your local CAB/Law Centre or other independent advice agency. The site mentioned will enable you to find your local CAB. Try and arrange a time to see someone in person and take all the documents pertaining to your arrangement with the agency to them. They can then examine the problem in detail and clarify your rights.
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 343.1K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.2K Work, Benefits & Business
  • 607.9K Mortgages, Homes & Bills
  • 173K Life & Family
  • 247.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards