Problems claiming holiday pay from old temp agency

mohthom

I've got a bit of a problem with a temp agency I worked for until pretty recently.

I worked for them pretty solidly for 6.5 months, with only a single week of paid holiday taken and no issues at any time. I didn't have a single day of sickness or unauthorised absence. I did all the work I was asked to and more at the highest standards that I was able. They were thrilled with my work, and I was happy to be working. There was a change in the work that I was required to do which I was very unhappy about, and I did this work for a short while. Shortly after, I spoke to another agency and was offered similar (less stressful) work to start immediately for more money and with a much longer end-date. I took it. Another reason was that I left was that I was aware that it was practically impossible for me to take all of the holiday pay I was owed, and it was the only real way for me not to lose this money completely, and if I left before the end of the year the contract said it would be paid in full along with my P45.

The problem is that the new agency required me to start just 36 hours later. I told my client immediately, and the agency straight after (lunchtime, I worked the following day, and began my new job the following day). The client was unhappy but understanding, but the agency were pretty annoyed. While there were no raised voices or crossness etc., it was clear that they were unhappy with the way things had gone. I sent an E-mail confirming all of the above, and requested my P45 and holiday pay. I also asked for their method for calculating holiday pay as every time I'd spoken to anyone about it they'd given me a wildly different figure, and couldn't tell me how they'd gotten to it. This was mid/late November.

I was paid for all the work that I did for this agency, but haven't heard anything else from them (I didn't receive either the P45 or holiday pay, should be £100s).

I'm aware that the contract that I agreed to said that I'd give two weeks notice, but am under the impression that this is pretty unenforceable (though I know that I've been pretty rude by not adhering to it). In my first conversation with the agency, they said this was fine (which is the point at which I accepted my new agency's assignment - after I'd got confirmation of the new assignment in writing) but this became a problem after they'd read my E-mail (the woman I spoke to wasn't listening and picked up that I was leaving very soon after the conversation finished).

I sent another E-mail to the advisor I'd spoken to, as well as to the general office address, just (!) before New Year (New Year's Eve!) again requesting holiday pay and P45 but I've had no reply as yet.

Any advice on how I can get my money back? I'd prefer not to do the small-claims court thing, as I'm aware it's a messy way to do things. I'll add that this is probably the most professionally irresponsible thing I've done, but even without the holiday pay I'm owed I'm much better off in both peace of mind and money, so a good move even if I never see the money I'm owed - but I would also like the money.

Thanks in advance for your advice, expertise and assistance!

MohThoM

rupee99

Whilst it is true "notice" cannot be enforced in terms of you having to work they can claim damages against you for not fulfilling your part of the contract.

If you take them to the small claims court they are likely to counter-claim against you for the extra expense that you caused them for not giving proper notice in accordance with the terms of your contract.

Thats not to say that you might not be successful under employment and wages legislation or by negotiating with them.

omen666

the above poster is correct but if they stated that they are okay for you to leave but a bit peeved and you have this in a email, then I would MCOL them.