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temp worker/ hol entitlement

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Hi,
I have posed this question before but now I have more info.
I started work for an agency covering maternity leave in an office, Mon-fri 9-5

I have been told from my start date May 18th to 1st oct I have 7 days, but form those days I have to put in a days holiday out of my 7 day accrual for each bank holiday.
Then from the 1st oct to 13th jan my finish date I have another 7 of which I will lose quite a few to bank holidays at xmas.

Is this correct,

many thank
sam:p:o
Sam B

Comments

  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    I don't think so,

    one way to do it is by the 12.07% method

    Count only the days worked multiply by 0.1207

    18may-1st oct 98 days so around 11.8days
    1oct -13 jan is 75 days so 9.1 days

    total due about 21

    will be a bit less for any holiday taken that you want to be paid for.

    NOw the other way prorata on the year(most use this) will get you less holiday if you accumulate it and get paid for it on leaving.

    34.5 weeks/52 * 5.6 * 5 = 18.6 days which is right if you take all the holiday during the period

    (173 -18.6 *.1207 =18.6)

    So their offer of 14 days is short?
  • samuela66
    samuela66 Posts: 1,203 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Many thanks for that, so even though I am a temp can they not try and say I am entitled to less.

    thanks again....
    samx
    Sam B
  • magenta22
    magenta22 Posts: 357 Forumite
    When I was temping it worked out that you accrued one day holiday for every 3 time sheets submitted.

    All bank holiday's if you want them as paid you had to use your holiday allowance to do so.

    If you need holiday do what I did and take it unpaid.
  • Spendless
    Spendless Posts: 24,658 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I've just finished temping for an agency. Mine worked it out differently, for every amount of pay you earned, you accruued holiday pay, so say you earnt £100 one week, you accruued £12.07 worth of holiday pay, this was then divided by your hourly rate, for ease lets say that's £6. So for every £100 earnt you also earnt just over 2 hours holiday pay. I used to bump up lots of paid hols this way. :j

    Did you submit a holiday form at the time to have your bank hols paid for or did you take them unpaid or work them? Maybe it's the way I'm reading your post but it sounds like you've been asked to submit the holiday forms for the bank hols now.
  • samuela66
    samuela66 Posts: 1,203 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Spendless wrote: »
    I've just finished temping for an agency. Mine worked it out differently, for every amount of pay you earned, you accruued holiday pay, so say you earnt £100 one week, you accruued £12.07 worth of holiday pay, this was then divided by your hourly rate, for ease lets say that's £6. So for every £100 earnt you also earnt just over 2 hours holiday pay. I used to bump up lots of paid hols this way. :j

    Did you submit a holiday form at the time to have your bank hols paid for or did you take them unpaid or work them? Maybe it's the way I'm reading your post but it sounds like you've been asked to submit the holiday forms for the bank hols now.

    When I got paid I realised it was a day short and queried it as I had been paid for one previously, they said it had to come out of my 7 days entitlement so cos i do mon - fri 9-5 and we are closed bank hols I have to submit a form

    xx
    Sam B
  • samuela66
    samuela66 Posts: 1,203 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Here is my reply from the agency

    When you registered to work for us, you signed our Terms of Assignment for Temporary Workers. There is a section in there about Leave.
    It states that your paid leave is inclusive of bank and public holidays. It also states that the right to paid holiday accrues in proportion to the amount of time worked continuously by the Temporary Worker.
    Also, anyone who wishes to take any leave to which they are entitled, must give at least two days notice for every day of the intended absence, this includes bank and public holidays.

    In regards to your other email, the DirectGov website also says;
    you start building up holiday as soon as you start work (meaning you are not automatically entitled to 28 days holiday, that is the maximum that you can be entitled to)
    your employer can control when you take your holidaybank and public holidays can be included in your minimum entitlement
    You’re holidays accrued through the hours you work. With our company, that works out as roughly 1 days holiday per 80 basic (mon-fri) hours worked.


    Samx:cool:
    Sam B
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    samuela66 wrote: »
    Here is my reply from the agency

    When you registered to work for us, you signed our Terms of Assignment for Temporary Workers. There is a section in there about Leave.
    It states that your paid leave is inclusive of bank and public holidays. It also states that the right to paid holiday accrues in proportion to the amount of time worked continuously by the Temporary Worker.
    Also, anyone who wishes to take any leave to which they are entitled, must give at least two days notice for every day of the intended absence, this includes bank and public holidays.

    In regards to your other email, the DirectGov website also says;
    you start building up holiday as soon as you start work (meaning you are not automatically entitled to 28 days holiday, that is the maximum that you can be entitled to)
    your employer can control when you take your holidaybank and public holidays can be included in your minimum entitlement
    You’re holidays accrued through the hours you work. With our company, that works out as roughly 1 days holiday per 80 basic (mon-fri) hours worked.


    Samx:cool:

    12.07% of 80hrs is 9.656rs which looks like more than a normal day

    If they claim holidays are based on hours then they need to use 12.07% if the equivilent full time is statutory.

    Ask them how they get 1 day(whats that in hours?) from 80 hrs
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