agencys and holiday pay

chippy1

worked for a agency for 16weeks and out of that did 44days work for them .

now someone tells me supposed to get holiday pay is this true and if so what would i be entitled to

many thanks

Mudd14

Depends really on how they accrue holiday and how many days per annum they allow workers to have.

Every person is entitled to the statutory minimum of 5.6 weeks holiday (28 days for ful time workers). Most agencies will use the hourly accrual method of 12.07% of every hour work.

Did you get this added to your last pay?

Some agencies us rolled up holiday pay into the hourly rate which was actually made illegal a few years back but I am aware of it still happening.

In all honesty the best thing to do is ring the agency and ask where your holiday pay is.

chippy1

thanks any idea of how many days i would be entitled to as cant find my contract they issued me with .

many thanks

ps nohing added tp last pay slip

Mudd14

Do you know how many hours you worked on those 44 days?

What were you employed as? Was it on a casual contract?

chippy1

i was a driver for them and basicly went to work when they called , some weeks do 6 days some only 3 .

total of hrs is 436hrs worked over the 16weeks

Kate78

Even on a casual contract, they should pay you 12.07% holiday pay (as Mudd states), however they can still roll up holiday pay under certain circumstances such as a v. short term fixed contract (less than 4 weeks).

What they are not allowed to do is advertise the hourly rate as already including holiday pay. It must be a separate item on your payslip. So if the hourly rate is advertised at £6.50 an hour, the agency pay this plus the 12.07% hol pay on top.

Have you had your P45 from the agency? If not, you're probably still on the books and they might only pay holiday pay once you have finally left their payroll.

chippy1

Kate78 wrote: »

Even on a casual contract, they should pay you 12.07% holiday pay (as Mudd states), however they can still roll up holiday pay under certain circumstances such as a v. short term fixed contract (less than 4 weeks).

What they are not allowed to do is advertise the hourly rate as already including holiday pay. It must be a separate item on your payslip. So if the hourly rate is advertised at £6.50 an hour, the agency pay this plus the 12.07% hol pay on top.

Have you had your P45 from the agency? If not, you're probably still on the books and they might only pay holiday pay once you have finally left their payroll.

many thanks no have not had p45 from them .

so am right in thinking am due around 4days holiday pay ?? and would they pay that at my normaly hourly rate .

Mudd14

436 hours @ 12.07% = 52.63 hours holiday pay owed at your normal rate.

Kate78, I was under the impression of a EU court ruling (in 2006 I think) that all rolled up holiday pay is now illegal. I will do a bit more reading into it to see.

If Kate78 is correct (Im not saying she isnt) it may be worth looking to see if you were on a higher pay rate to include pay in respect of leave.

anamenottaken

Put in claim for holiday now.

You may find that the rate of pay will depend on the average of your pay rate over the last 12 weeks.

patman99

GKN in Colchester DON'T pay any holiday pay whatsoever

Mudd14

Then they would be breaking the law (providing you are an actual worker employed by them).