Holiday Rights for Temps?

liney

Motorvating wrote: »

You have made a typo error on your calculation here. The 5.6 is what you mulitply your working week by.

For a basic calculation of your leave allowance multiply the number of days you work a week by 5.6. For example, if you work a five day week you would be entitled to 28 day' annual leave a year:
5 days x 5.6 weeks = 28 days

I haven't made a typo at all: I stated "You are entitled to 5.6 weeks per year including bank holidays", so yes a 5 day week would be 28 days, and a 3 day week would be 16.8 days Etc etc.

The OP hasn't stated how many days per week they work, so it would be misleading to tell them how many days they are actually entitled to.

Just as a btw to the OP, when they calculate they must always round up to the nearest half day or give you the exact time off that you have earned. They must never round down.

Savvy_Sue

liney wrote: »

Just as a btw to the OP, when they calculate they must always round up to the nearest half day or give you the exact time off that you have earned. They must never round down.

It's true that they must never round down, but I don't think it's fixed that they must round up to the nearest half or full day. It's a bit tricky to calculate what .68 of a day would actually look like, but it can be done, however where I work life's too short so we round up.

liney

Savvy_Sue wrote: »

It's true that they must never round down, but I don't think it's fixed that they must round up to the nearest half or full day. It's a bit tricky to calculate what .68 of a day would actually look like, but it can be done, however where I work life's too short so we round up.

I can stand to be corrected, and if you can find something that states I only need to round up to the nearest hour please give me a linky and i can save some money

glider3560

liney wrote: »

I can stand to be corrected, and if you can find something that states I only need to round up to the nearest hour please give me a linky and i can save some money

They have to pay you the exact amount, or round as they wish. According to a leaflet on the Acas site (can't get the link now as I don't have the time), it is between you are your employer to arrange how rounding (or taking part days) is to be done.

Savvy_Sue

liney wrote: »

I can stand to be corrected, and if you can find something that states I only need to round up to the nearest hour please give me a linky and i can save some money

Bear in mind that while you may be saving money on your employee's holiday entitlement, you will need to spend a little more time working it out exactly, and then explaining to your employee how you have worked it out, and then quite a lot more on recruitment if your employees feel hard done by. Whereas if you just round it up to the nearest half day and say "I've rounded this up for you", both you and they should feel a little glow.

Well, that's my view anyway, although I may be slightly jaundiced as I'm fed up of explaining to people who work full-time hours over a four day week that they are NOT hard done by but actually slightly better off because we pay them for 6.5 Bank Holidays rather than 8. Their payment for a bank holiday is larger than if they were working a five day week, and 6.5 of their days is worth more than 8 of a 'normal' day.

LittleVoice

Various posters have been writing about the rounding of holiday entitement where only part of a day is due.

The ACAS leaflet mentioned by glider 3560 is here http://www.acas.gov.uk/CHttpHandler.ashx?id=955&p=0 but actually, contrary to what glider3560 writes, does not say that the time can be rounded down. The option it gives about rounding is "rounding the time up to the nearest full day (the time cannot be rounded down)" there is nothing about agreeing how rounding is to be done, only the categoric statement that it cannot be downwards.

The leaflet is, of course, guidance in terms of the options about how to treat part-days - which is why it gives other possibilities (including paying for the holiday instead but remember that is for a part-day not the whole entitlement). It is also true that statutory paid holiday is an entitlement and does not have to be enforced by the employer - though some may well include enforcement in the employment contract.

Dazmin

Sorry to gatecrash this thread but need some clarification.

Am i right in saying that after you leave an agency (and have been working for a while) that they are still entitled to pay you any outstanding holiday pay that you have accrued??

I have recently left the agency i was working for and they are claiming that i do not have any holiday pay left to be paid. :mad:

This, I know for a fact isn't true!!! And I will be digging out all of my payslips to confirm this.

Does anyone have any advice on where I can go from you? Any advice is appreciated as i feel like i'm fighting a losing battle!!

Dee x

jazzyman01

If you have earned it then it should be paid, especially if they have held back payments from your hourly rate in order to fund any holiday entitlement.

You are doing the right thing, dig out payslips, highlight where holiday has been taken and then write to them with the evidence. State that this is your legal entitlement and as such you would want the money within x working days. If not forthcoming then you will go to Tribunal.

LittleVoice

Dazmin wrote: »

Sorry to gatecrash this thread but need some clarification.

Am i right in saying that after you leave an agency (and have been working for a while) that they are still entitled to pay you any outstanding holiday pay that you have accrued??

I have recently left the agency i was working for and they are claiming that i do not have any holiday pay left to be paid. :mad:

This, I know for a fact isn't true!!! And I will be digging out all of my payslips to confirm this.

Does anyone have any advice on where I can go from you? Any advice is appreciated as i feel like i'm fighting a losing battle!!

Dee x

How long were you working for them?

Also, as well as looking out your payslips, look at the written particulars they will have given you which should include a note about holidays. Check whether they have an individual holiday year (which runs from when you first work for them) or if they have a fixed holiday year.