Holiday Pay Entitlement From Agency

SPANIEL36

Ok, basically my partner was working for an agency up until last week. e's been with them off and on for past 17 years but since being made redundant in October has been doing anything from 1 day to 5 days work for this agency. In previous years he's never taken holiday days so to speak just requested the pay when we went away and this hadnt really been a problem. As he's now managed to get a full time job himself, he requested his holiday pay last monday (before tax year) they said they'd sort it. In last weeks wages there was no sight of it so he's rang them today and what they've said is that due to it being the end of the tax year the records from past year have all been reset and therefore they cant work out what he's entitled to.

Am i right in thinking that companies have to keep employees work/tax records for at least a year ( i thought it was 6??) I think they are trying to fleece him of it as they have delayed paying it last year.

When he told them he had got a full time job they went a bit dirty gutsed as they thought he had been head hunted by the company and therefore avoiding the payout some companies have to pay agencies when they employ their agency workers.

Any advice welcome as we think the only way of getting this now would be small claims court

anamenottaken

SPANIEL36 wrote: »

. . . they've said is that due to it being the end of the tax year the records from past year have all been reset and therefore they cant work out what he's entitled to.

Rubbish. Of course they will have records for the tax year (which doesn't end until tomorrow and where they have to prepare P60s for those on their books at that time. He could also work out what he is entitled to by looking at the payslips since October.

Check what the holiday year is. When he previously left, did he also get a P45?

SPANIEL36 wrote: »

When he told them he had got a full time job they went a bit dirty gutsed as they thought he had been head hunted by the company and therefore avoiding the payout some companies have to pay agencies when they employ their agency workers.

Is he going to be employed by a company that he has been introduced to because of his temp work?

SPANIEL36

thanks for your reply, in reference to getting the full time job, he did do a couple of daays for the agency at the company he;s now joined however he applied for the job himself through the website as thats they only way they accept applications. He asked the company in December if they were taking on and they said that they have a recruitment 'drive' in March where they take on and you have to apply via the website

The holiday year according to his contract is 1st April to 31st March. He requested holiday pay last monday 28th March

LittleVoice

SPANIEL36 wrote: »

thanks for your reply, in reference to getting the full time job, he did do a couple of daays for the agency at the company he;s now joined however he applied for the job himself through the website as thats they only way they accept applications. He asked the company in December if they were taking on and they said that they have a recruitment 'drive' in March where they take on and you have to apply via the website

The holiday year according to his contract is 1st April to 31st March. He requested holiday pay last monday 28th March

He should be paid the accrued holiday.

The agency should not be punishing your OH for applying for the job (and getting it). They may have standard terms and conditons to which the employer agreed which says they are due to be paid a fee if the company takes on an employee who has been introduced by way of a temporary assignment. So their resort is to the employer not your OH.

FOURCANDLES_2

This happened to me once , he just needs to contact them(agency) and ask for his holiday pay and also contact the tax office just to see his final payment from the agency matches the one the tax office got. As for paying the agency that is down to his new employer and it is up to the agency to contact them if they think they are owed some type of fee