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Temporary worker and holiday entitlement

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Comments

  • paddedjohn
    paddedjohn Posts: 7,512 Forumite
    Part of the Furniture
    As you say the company "are taking me on their books" rather than "haven taken", I'm looking at a start date of 10 October. In that case the rough calculation of your entitlement is 31/52 * 12 (assuming working up to 31 December) = 7.16 days. (This can be rounded up, not down.)

    The Christmas holiday reduces this by 5 days (and perhaps the 0.16 day is achieved by an early finish on 23 December. You are therefore due another 2 days holiday before 31 December.

    If you actually started on Monday, 3 December, then adjust the calculation for the increased entitlement and it becomes 7.75 days entitlement (for quarter of a year, 13 weeks).

    By the way another method they could use is to terminate your employment on 23 December (so you actually accrue a little less) and start again on 3 January. The gap would be enough to break your continuity of service. If they terminated your employment on 31 December and re-started you on 3 January, your continuous employment would run from the October date.

    I cant edit for you but i presume you mean October;)
    Be Alert..........Britain needs lerts.
  • Spendless
    Spendless Posts: 25,080 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    As you say the company "are taking me on their books" rather than "haven taken", I'm looking at a start date of 10 October. In that case the rough calculation of your entitlement is 31/52 * 12 (assuming working up to 31 December) = 7.16 days. (This can be rounded up, not down.)

    The Christmas holiday reduces this by 5 days (and perhaps the 0.16 day is achieved by an early finish on 23 December. You are therefore due another 2 days holiday before 31 December.

    If you actually started on Monday, 3 December, then adjust the calculation for the increased entitlement and it becomes 7.75 days entitlement (for quarter of a year, 13 weeks).

    By the way another method they could use is to terminate your employment on 23 December (so you actually accrue a little less) and start again on 3 January. The gap would be enough to break your continuity of service. If they terminated your employment on 31 December and re-started you on 3 January, your continuous employment would run from the October date.
    That's what I worked it out to be having given it some thought, which would work out perfect, having already had 2 days off authorised by a senior member of staff whilst still an agency worker (they had to sign to say they agreed I could be off, though the agency paid my wages and hol pay) and my new line manager has been made aware of them, it's just I thought I'd be paid them till I read the bit about temp workers not taking hols for 3 months.

    My contract does say it's until Dec 31st. The old contract ends at the end of Dec, so I am expecting them to be v busy right up till they break up for xmas and not keen on anyone being off in the last couple of working weeks of Dec.
  • Spendless
    Spendless Posts: 25,080 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I put the problem to my new line manager and she said 'oh ignore it, I shall authorise your hols anyway' so problem sorted. :j
  • LittleVoice
    LittleVoice Posts: 8,974 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    paddedjohn wrote: »
    I cant edit for you but i presume you mean October;)

    Yes, I did. Thanks ;)

    And good that the OP has a line manager with some sense.
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