Claiming agency holiday pay

nokia1100

[FONT=Times New Roman, serif]I have two periods of agency employment (stupidly with the same agency) to chase non-payment of holiday pay.[/FONT]


[FONT=Times New Roman, serif]Firstly, I worked 105 hours at the then NMW (£5.35), first payment on 18/05/2007, last weekly payment on 08/06/2007.[/FONT]
[FONT=Times New Roman, serif]Secondly, I worked a total of 211 hours at the then NMW (£5.52), first payment on 21/03/2008[/FONT]
[FONT=Times New Roman, serif]and last weekly payment on 02/05/2008.[/FONT][FONT=Times New Roman, serif][/FONT]


[FONT=Times New Roman, serif]For the first period, I believe the FT equivalent entitlement was 4 weeks (8.33%) and for the second period I believe the FT equivalent entitlement was 4.8 weeks (10.17%). Are these figures correct?[/FONT]


[FONT=Times New Roman, serif]Based on those figures, the first period would equal 8.750 hours and the second period would equal 21.458 hours.[/FONT]


[FONT=Times New Roman, serif]Would the amount owed today be the prevailing NMW plus interest or the current NMW?[/FONT]


[FONT=Times New Roman, serif]I sent a letter last year, then my employment took me overseas and I lacked the time to chase it up. Now I want to square it away and move forward. Is it correct that I have 6 years from when it was first owed?
[/FONT]
[FONT=Times New Roman, serif]If they were to contest it with me, does anyone have experience of HMCS Money Claim to give? Would I ask for the gross amount and then declare it on my tax form?[/FONT]

CCFC_80

Sorry, I know this doesn't answer you question but what is actually wrong with you employment agencies always withholding your employees hoiliday pay !!
I have had awful problems dealing with agencies in the past when chasing holiday pay.
They never seem to want to pay it to you when you finish an assignment with them and appear to want you always to chase it with them !!
If you never chased it with the agency you would never get it as, I expect they want it to go in their coffers.

BrightonSun

I work in Recruitment and we would never withhold holiday pay! I don'y understand how agencies can do this? But anywho same a perm holiday it's expires everyyear on the 31.12, So we actively encourage candidates to make sure they have ample time to take holiday. It states this in the temp worker contract (All agencies have this written in) that it is your responsibility to endure you make allowances for your holiday, SO as it expires every year claims for 07, 08 would be invalid

sexki11en

nokia1100 wrote: »

[FONT=Times New Roman, serif]I have two periods of agency employment (stupidly with the same agency) to chase non-payment of holiday pay.[/FONT]

[FONT=Times New Roman, serif]Would the amount owed today be the prevailing NMW plus interest or the current NMW?[/FONT]

I would think it would be what it was then. That's what you accrued.

nokia1100 wrote: »

[FONT=Times New Roman, serif]I sent a letter last year, then my employment took me overseas and I lacked the time to chase it up. Now I want to square it away and move forward. Is it correct that I have 6 years from when it was first owed?
[/FONT]

Nope, 3 years by law (AFAIK). Most agencies stipulate if your holiday year has rolled over (usually one year from the date you started not Jan-Dec or Apr to Apr) then you've lost it.

Andy46, if you have nothing useful to help the OP, I suggest you say nothing rather than spending your time bashing agencies:D

HTH OP, I can't answer the rest i'm afraid.

SK x

nokia1100

BrightonSun wrote: »

I work in Recruitment and we would never withhold holiday pay! I don'y understand how agencies can do this? But anywho same a perm holiday it's expires everyyear on the 31.12, So we actively encourage candidates to make sure they have ample time to take holiday. It states this in the temp worker contract (All agencies have this written in) that it is your responsibility to endure you make allowances for your holiday, SO as it expires every year claims for 07, 08 would be invalid

I don't doubt that honest agencies exist (and I take your word that you work for one), where short term employment automatically includes holiday pay.
What if this agency didn't provide a written statement of employment particulars? What if business slowed down and a P45 came before I had even thought about taking time off? What if I've been working abroad subsequently doing more worthwhile things?

sexki11en wrote: »

Most agencies stipulate if your holiday year has rolled over (usually one year from the date you started not Jan-Dec or Apr to Apr) then you've lost it.

When I have worked for other organisations, my holiday pay has appeared with my last payment. No need to ask.

CCFC_80

sexki11en wrote: »

I would think it would be what it was then. That's what you accrued.




Nope, 3 years by law (AFAIK). Most agencies stipulate if your holiday year has rolled over (usually one year from the date you started not Jan-Dec or Apr to Apr) then you've lost it.

Andy46, if you have nothing useful to help the OP, I suggest you say nothing rather than spending your time bashing agencies:D

HTH OP, I can't answer the rest i'm afraid.

SK x

And perhaps you sexki11en could start a thread stating how marvellous employment agencies are and how they put the needs of the jobseekers before themselves !!!

nokia1100

Update: Sent another letter at weekend and had one back today. They claimed never to have received my previous letter, but have held their hands up and will pay it this Friday.

I'm still interested about any cut-off in law for this if I'm not the only one to have fallen victim to 'oversight'. CAB said 6 months from leaving an employer, then sent a letter saying 3 months 'but have another try anyway'.
As far as I'm concerned a debt is a debt...

computershack

BrightonSun wrote: »

I work in Recruitment and we would never withhold holiday pay! I don'y understand how agencies can do this?

:rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl:

Didn't realise it was April 1st already. One agency I was with was so bad that I had to publicly embarrass them on a job related forum. The woman doing the wages was that unused to paying out holiday pay that she didn't even know how to calculate them properly and claimed I only had 3p when I actually had over £100.