Advice needed re expenditure - possibility of BR

Ineedaname

You GP is unlikely to be able to prescribe 3 months at a time so that's not an option. Look into the pre-paid certificate and save yourself money that way.

The holiday pay. Think about it. If you have a week off you won't get paid at all so will lose a week's worth of money that month anyway. The Government has set these rules to ensure you take your holiday entitlement as a break is necessary. This is the law and your agency is breaking that law by paying you holiday within your hourly rate. It's not a choice you or they can make.

gettingready

Ineedaname wrote: »

your hourly rate should be £9.20 and 12.07% of that is £1.11 which the agency keeps back to pay you when you take holiday, totalling the original £10.31.

That got me thinking now.....Nobody ever puts their income as including the holiday rate, right?

at 9.20 per hour, at 37.5 hours per week and 52 weeks per year it works out as £17940 and NOT £20104 per year.

From that (9.20 per hour) , according to Listen To Taxman http://listentotaxman.com/

£1213 per month clear and not £1336 as it would be on the 10.31 per hour, massive difference, £123 per month difference to show as actual income.

BUT my contract says 10/.31 per hour and it will be 1336 per month on payslip/bank statements. So I am losing big time here as it shows higher income when in fact this is holiday pay... sigh....

gettingready

Ineedaname wrote: »

You GP is unlikely to be able to prescribe 3 months at a time so that's not an option.

My one does it for me all the time. I work with GP's and hospital staff - worked with them for 10 years and will be now working again, although in a very different capacity now. I used to train them now it is a different role, not hands on training.

gettingready

How on earth do I bring up the holiday pay with the agency though?

This is not an external recruitment agancy, this is "in house" one, dealing with temporary staff....

Ineedaname

Then they should know better! Just ask them if they are aware of the change in rules a year or so ago that means they can no longer pay holiday pay within the hourly rate? Then take it from there with the printed proof. You could always give ACAS a ring for advice on how to negotiate, they may be willing to contact the company on your behalf.

Edit: I believe it was actually the 2003 amendment to the Working Time Regulations 1998 that updated annual leave this way, but still searching for evidence for you.

I forgot to say, a DMP isn't for a set length of time, maybe you're thinking of an IVA which you wouldn't qualify for. A DMP is ongoing and negotiable via a debt advice charity. Based on your SOA you wouldn't manage to pay much each month and on that basis how many years could it take you to pay everything off?

gettingready

I have had a DMP before with CCCS, it was set for 5 years at £480 per month but had to drop it when I was out of work from December. There was allowance for dog walker, pet food, cigarettes etc.

They have set this up for 5 years at that rate and it was accepted by creditors at the time although it would not pay everything off that way, just a bit short (480x60 = 28800) - it was accepted.

But since debts were sold on, agencies were adding interests and the debt just grew again, that is why I am thinking the BR route as with interest charges there is no way I am ever going to be able to pay those off.

With BR, even if IPA is applied - it is a 3 year struggle, not indefinite as with the DMP...

I will talk to the agency on Wednesday, will see what they say as for BR purpose it makes no sense for my income to show 123 per month higher than it actaully is.

Thanks a million for that.

Ineedaname

OK, so it's the Working Time (Amended) Regulations 2003 that rolled-up holiday pay has been ruled against.

There's a useful article on this page, just scroll down 4 boxes of text to the rolled-up bit. It's out of date but gives an idea why it's unlawful.

Also, from Personnel Today, which notes the case that finalised the decision.

Regarding the DMP, they're not usually a set amount for so long as they are meant to be variable as your circumstances change. All my creditors froze interest but they wanted an updated I&E every 6 months so my monthly payments changes as benefits income and expenses varied. Hope that explains where I was coming from with my above comment on DMPs.

gettingready

INAN - thanks a million for all your help today.

I start to job on Tuesday so will spend tomorrow looking at all the links, too brain dead today.

Thanks a lot again.

Ineedaname

No problem, obviously I can't make the decision for you about the holiday pay, but as long as you are aware of the rules and the facts. ACAS are usually very willing to help out if they can.

gettingready

It makes sense for me to play it down at the real rate of 9.20 per hour, will talk to them on Wednesday, thanks a lot for that.