Holiday Entitlements - For Agency Staff

KF1_2

Hi,

I'm not sure if this has already been covered, but if it has I'm sorry.

I currently a temp working for a local authority, and I wanted to know what (if any) leave I am entitled to. I've been working there since the 30 July and as of yesterday I have been there 16 weeks in total.

As far as I'm aware my contract has been extended till March 2009. So I should be able to take any leave accrued before I leave the job.

Not sure if it's relevant but I have been ill (5 days), would that affect any leave entitlement??

Also, when I emailed my agency about wanting to take leave they didnt get back to me. As I've misplaced my original contract, I'm not sure what it is that I agreed to!!! Is there any government legislation which covers agency staff???

It would be nice to take a little time off over Christmas, if you can help I would be most grateful.

Cheers.

KF1

sexki11en

All agency workers are entitled to holiday pay. It is accrued based on the STANDARD hours you work (i.e not on overtime) so if you are contracted to 35 hours per week you would be intitled to:

35 (hours per week) x 10.17% (the figure the governmnet issued on holiday allowance) = 3.56 hours accrued in that week. You do not accrue holiday whilst you are on holiday or off sick (as you are not physically working)

Do you have a record of the actual hours you have worked since you've been there? You could work it out then. You are entitled to a maximim of 24 days paid holiday in a year - as long as you have worked enough hours to actually have accrued that(that includes bank holidays so BH must be taken out of your entitlement if you want it off)

Hope that makes sense (and helps)

SK x

Conor_3

Basically you're due just short of 7 days based on your normal daily rate less any bank holidays you've been paid for in that time.

Emmzi

You need to check with your agency. Some agencies pay above day rate to include an allowance for holiday, which you can then use whenever you wish the days. What does your contract say?

LittleVoice

Emmzi wrote: »

You need to check with your agency. Some agencies pay above day rate to include an allowance for holiday, which you can then use whenever you wish the days. What does your contract say?

You are writing of rolled up holiday pay which was supposed to be stopped some time ago - but is still a grey area.

The minimum annual paid holiday entitlement up to 31 March is 4.8 weeks - and can include bank holidays.

Conor_3

LittleVoice wrote: »

You are writing of rolled up holiday pay which was supposed to be stopped some time ago - but is still a grey area.
.

It's not a grey area at all. It was ruled illegal in an EU case.

LittleVoice

Conor wrote: »

It's not a grey area at all. It was ruled illegal in an EU case.

I used to think that too but attended a professional employment law update session a couple of months ago and it appeared not so clear cut as you and I thought. Sorry I can't recall the exact reason for the "greyness" but I was certainly surprised at the change in certainty level following the earlier ruling.

robin_banks

If you recieve holiday pay then it should show as a seperate line on your pay slip.

eg If you earn £12.00 per hour, then £1.00 would be paid as holiday pay as well, gross salary £13.00 per hour.