Temporary worker - holiday entitlement?

Brex_2

Hi all.

I'm not sure if this is the right section of the forums to post this, but hopefully someone will be able to help!

My question is regarding holiday entitlement for temporary workers emplyed through an agency, such as myself.

The Agency Workers Regulation was updated as of 1st October 2011, part of this includes the right to equal treatment relating to [FONT=Arial,Arial][FONT=Arial,Arial]pay [/FONT][/FONT]and other [FONT=Arial,Arial][FONT=Arial,Arial]basic working conditions [/FONT][/FONT](annual leave, rest breaks etc). Unfortunately the details of this are very unclear, both reading the original document and the DWP guidance.

Essentially, as a temporary worker I currently get 24 days paid holiday per year. At present, to be paid on bank holidays (8-9 per year) I have to use my holiday entitlement, leaving me with 15-16 days holiday available. The company I currently work with (local council) allow their workers bank holidays on top of their holiday allowance - under the new Regulation, should this also apply to me?

Any thoughts/advice appretiated!

Jarndyce

If you are full time you should get 28 days as a legal minimum, including bank holidays.

The Agency Workers Regulations will only kick in after 12 weeks from 1 October - which is Christmas Eve, but yes, if you are still working there then and have worked there continuously since 1 October, your holidays should be brought in line with those of permanent staff.

CCFC_80

Jarndyce wrote: »

If you are full time you should get 28 days as a legal minimum, including bank holidays.

The Agency Workers Regulations will only kick in after 12 weeks from 1 October - which is Christmas Eve, but yes, if you are still working there then and have worked there continuously since 1 October, your holidays should be brought in line with those of permanent staff.

Bit concerned though about this 12 week clause.

What is there to stop the agency from laying you off after 12 weeks and then maybe getting someone else new into the role. This would stop them in nearly all cases from paying the temp more holiday pay and also a higher hourly rate to meet in line with permanent employees :mad:

As a positive note to the immediate new laws. It is good that temp staff will now have the same car parking rights as permanent staff. Many was the time when I was working for a company as a temp and had to pay for off site car parking(not being allowed on the rota) as I wasn't a member of the permanent staff clique.

Jarndyce

CCFC_80 wrote: »

Bit concerned though about this 12 week clause.

What is there to stop the agency from laying you off after 12 weeks and then maybe getting someone else new into the role. This would stop them in nearly all cases from paying the temp more holiday pay and also a higher hourly rate to meet in line with permanent employees :mad:

As a positive note to the immediate new laws. It is good that temp staff will now have the same car parking rights as permanent staff. Many was the time when I was working for a company as a temp and had to pay for off site car parking(not being allowed on the rota) as I wasn't a member of the permanent staff clique.

In theory it is unlawful to lay someone off just to stop them reaching the 12 weeks service. In practice it remains to be seen whether this will be challenged and if so whether the law has any teeth.

SarEl

But you still won't get car parking rights unless every employee does - which is pretty rare these days! The regulations apply to some conditions - not all of them - and definitely not car parking, which is only a "may include" - not "does include".

CCFC_80

SarEl wrote: »

But you still won't get car parking rights! The regulations apply to some conditions - not all of them - and definitely not car parking.

I don't think we're allowed to post links but to quote the NI direct government services website it states

"car parking (may be subject to certain restrictions which apply to comparable employees or workers) "

Would this not mean then that for a company car park which has been exclusively used by the permanent staff clique that temp staff would also have equal access to use if only on a rota system .
It also states it's a clause where you will be treated no less favourably then permanent employees

If not the case then this seems a nonsense

anamenottaken

CCFC_80 wrote: »

I don't think we're allowed to post links but to quote the NI direct government services website it states

"car parking (may be subject to certain restrictions which apply to comparable employees or workers) "

Would this not mean then that for a company car park which has been exclusively used by the permanent staff clique that temp staff would also have equal access to use if only on a rota system .
It also states it's a clause where you will be treated no less favourably then permanent employees

If not the case then this seems a nonsense

Depends what you mean by "the permanent staff clique".

If you mean ALL permanent staff, then a temp should be included. However I am fairly sure they would then introduce a "after 8 weeks employment" or some other criteria to restrict it.

If you mean some sector of the permanent staff but not everyone then there must be rules which could also restrict immediate access.

SarEl

CCFC_80 wrote: »

I don't think we're allowed to post links but to quote the NI direct government services website it states

"car parking (may be subject to certain restrictions which apply to comparable employees or workers) "

Would this not mean then that for a company car park which has been exclusively used by the permanent staff clique that temp staff would also have equal access to use if only on a rota system .
It also states it's a clause where you will be treated no less favourably then permanent employees

If not the case then this seems a nonsense

The entitlements here are "may include" not "will include". So if there is a staff car park that everyone gets a right to park in, then after 12 weeks you will get the same right. But few employers provide parking for all their staff - few are able to do so. There are lots of exceptions to the rules - and none of this has yet been tested in law. So you won't get the right to car parking just because permanant employees do - you will still have to show that this is something that comparable employees get. And that also assumes that you even get the rights in the first place. Many loopholes exist, and will continue to do so for a long time yet if not for ever.

CCFC_80

SarEl wrote: »

The entitlements here are "may include" not "will include". So if there is a staff car park that everyone gets a right to park in, then after 12 weeks you will get the same right. But few employers provide parking for all their staff - few are able to do so. There are lots of exceptions to the rules - and none of this has yet been tested in law. So you won't get the right to car parking just because permanant employees do - you will still have to show that this is something that comparable employees get. And that also assumes that you even get the rights in the first place. Many loopholes exist, and will continue to do so for a long time yet if not for ever.

Accept your point that all permanent staff would have to have the right to full car parking before temporary staff are considered but just to clarify on this 12 week thing....

All temporary staff will have basic rights as permanent employees with immediate effect and other rights after 12 weeks which include being on a par with permanent staffs pay and holiday entitlement.

The car parking entitlement if appropriate should be in place as soon as you start a role with an agency and not after 12 weeks

getmore4less

The first thing the OP needs to deal with is the 24 days holiday they get.

Worry about the new regs when they apply if they are still there.