Can an agency "legally" withold holiday pay?

liney

http://www.lawdonut.co.uk/law/employment-law/working-time-hours-leave-flexible-working/holidays-13-faqs#4

States that an employer does not have to allow a worker to carry over unused holidays.

Can only give payment in lieu for holidays awarded over the 5.6 weeks statutory, or upon leaving.

Unless the agency agree to change all their workers' terms (even the ones who aren't onsite with you) and put everyone on a rolling year, then the obvious option would be to lay all the temps off during the last week of the year so that they can request their outstanding holidays as a 'Leaver'. Bit late now though.

liney

sujman wrote: »

2. The agency shouldn't profit in instances when holiday is not paid over - as it provides an be incentive and a way for agencies to boost their profits.

Except it's not the agency telling the workers they can't take holidays in order to boost their profits, it's the temps not booking them despite being reminded.

If they were refusing to allow holidays to be booked i'd understand your concerns, but in this case they have gone above and beyond by reminding them.

Victoriajayne

LittleVoice wrote: »

Rather than "a lot" of agencies operating in the way you suggest, you originally said "most" did. None of the agencies I have worked through have done so.

However, it makes no difference to the fact that if you work 7 hours and are paid £15/hour and don't take leave or take leave and are paid £105 you receive the same amount of cash. You don't lose cash, you lose the holiday time.

This went back to another poster saying that a permanent employee not taking holiday, lost the time but not the money but that an agency worker would lose cash.

Are you also differentiating between an agency's workers who are on a contract of service or contract for services basis? Both are paid under PAYE and neither should be misled by quoting a rate which is not actually paid.

Ohhh, someone who plays with words...

Who exactly is being misled ? If you're quoted a rate that includes holiday pay, you're told exactly that - and told how it all works out.

Just because the agencies you've worked for have chosen not to show it to you, doesn't mean they're not treating you in exactly the same way ... just not as transparently as many of the others !

So how did your agencies work out your holiday then ?

Mudd14

Victoriajayne wrote: »

Who exactly is being misled ? If you're quoted a rate that includes holiday pay, you're told exactly that - and told how it all works out.

Just because the agencies you've worked for have chosen not to show it to you, doesn't mean they're not treating you in exactly the same way ... just not as transparently as many of the others !

If they dont tell you an hourly rate includes holiday pay or do not show it clearly at the time of payment they would be acting unlawfully. They should simple strike out rolled up holiday pay for all workers to avoid confusion that so many people have.

fedster

When i was an agency worker, any holidays that workers were entitled to and not used,were paid out on last pay day before the end of the working year.

Mudd14

Did you actually take the time off as holiday? If not and you worked constantly during your employment (unlikely with an agency) they would actually be in breach of WTR which states payment in lieu of statutory holiday cannot be paid.

Victoriajayne

Mudd14 wrote: »

If they dont tell you an hourly rate includes holiday pay or do not show it clearly at the time of payment they would be acting unlawfully. They should simple strike out rolled up holiday pay for all workers to avoid confusion that so many people have.

I thought 'Rolled up' holiday pay was already outlawed ?

It's just some people don't understand the definition of 'rolled up'.

LittleVoice

Victoriajayne wrote: »

Ohhh, someone who plays with words...

Who exactly is being misled ? If you're quoted a rate that includes holiday pay, you're told exactly that - and told how it all works out.

Just because the agencies you've worked for have chosen not to show it to you, doesn't mean they're not treating you in exactly the same way ... just not as transparently as many of the others !

So how did your agencies work out your holiday then ?

Plays with words? No.

Who is being misled? The workers who see a rate which is not what they will be paid!

The agencies I have worked for have clearly (pun intended) been transparent. They have quoted the rate they pay, not an amount which is not what I will be paid!

The agencies work out on a percentage basis in order to meet WTRs. Currently it is 12.07% of hours worked. The amount of the value of an hour's pay depends on average pay over the 12 weeks prior to taking holiday. I check what I have accrued on a weekly basis.

Victoriajayne

It doesn't matter either way, does it ? We would both lose the money if we didn't claim the holiday !!!

You get paid an hourly rate, and an extra amount goes into your accrued holiday pot... you just don't see how much.... you have to calculate it to make sure the percentage is right.

I get paid an hourly rate, and my payslip shows exactly how much is going into the holiday pot.... transparency.

At the end of the year, if you haven't taken your holiday, you lose all the extra amounts that have gone into your hoilday pot... same as me if I don't take mine. We lose money !!!

Whereas someone in a salaried position would have received the cash regardless. And lost the time.

Victoriajayne

LittleVoice wrote: »

The agencies work out on a percentage basis in order to meet WTRs. Currently it is 12.07% of hours worked. The amount of the value of an hour's pay depends on average pay over the 12 weeks prior to taking holiday. I check what I have accrued on a weekly basis.

Ah, you work for an agency that works on average hours ... not good !!!
Maybe you should try working for a proper agency that accrues your holiday pay as a percentage of what you actually earned each week... you'll be so much better off !!! ;-)