Advice Needed ! Agency took my accrued holidays off me.

cduuffo13

Hi, I hope someone can advise me on the following.

I have worked for my agency for about 2 and a half months. I have never had a authorised holiday , Although I had 1 day off sick but was paid 1 day holiday when I phoned them up to do so.

I have now signed this swedish deragation contract and was recently paid my last wage on the 30.12.11. I always Check my wageslips online and it always states the amount of holiday's available I have. From my last wage slip date 30.12.11 (online) I have 3.88 Days Available. (checked Today).

I have been told over the phone I have lost my holidays due to this new contract I signed or that its because we are in 2012 .

Can this be done ?

thanks

Notmyrealname

There is no automatic right to carry holidays over to a new holiday year. Many companies use 1st Jan to 31st December as the holiday year. You need to find out when the holiday period runs. The fact you signed the new contract doesn't alter things. HOWEVER REMEMBER THAT UNDER THE NEW CONTRACT THEY HAVE TO PAY YOU A MINIMUM NUMBER OF HOURS EVEN IF THERE IS NO WORK THAT WEEK.

cduuffo13

The contract I signed States the leave year is 1st jan to 31st dec..

Evilm

Yep. they can do that. One agency I worked for used the Feb-Jan as their holiday year and if you didn't sign a holiday request form by the 25th Jan or so requesting they paid those days you lost them. You could however be paid holiday on days you were working!

They usually have given you warning of it though - did you get a letter/leaflet/note from them about timesheet submission dates around Christmas and when resulting payments would be made? If so it might be on there. If not its probably on your original contract signed with them or the original introduction/placement instruction information.

I've been lucky and only worked for agencies that did warn you. There probably are less scrupulous ones out there though.

I don't want to make you feel worse but by my calculations you've lost about 5ish days (23 working days a month ishX2.5monthsX12.07%). http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10034642