Can Temps Accrue Holiday While On Sick Leave?

gardna

CCFC_80, that's the point I'm making... Under the AWR, temps are meant to have the same rights re paid holiday as comparable, directly-employed staff. Same rates, same amount of days.

So how can the agency legally reduce my pay rate and number of paid days owed when, in law, I am now entitled to the same as my permanent colleagues?

Thanks,

E.

LittleVoice

CCFC_80 wrote: »

I don't know the answer unless you address it direct with Pertemps. Always a danger of course if you tread on their toes that they could just pull you out of you contract and give the role to someone else as agencies are allowed to do that.

I think the new AWR regulations could be counter productive to temp workers as an agency could just pull you out prior to 13 weeks and then get someone new in

Personally I would address the issue with them. BTW have worked for Pertemps a few years ago and they are an awful agency like many of them are:eek:

But they can't send someone the client doesn't want. I'm sure that Pertemps won't be the only agency on the list of suppliers to this client.

LittleVoice

CCFC_80 wrote: »

I am not sure that I understand you here. The agency can pull the temporary worker out of an assignment with the client at any time. This is regardless of whether the client is happy with the current temporary employee.

The temp is employed by the agency and not the client.

What I was trying to say was that, though the agency can withdraw a temp from an assignment, they cannot force a client to accept a replacement. The agency does not have a right to put anyone they choose into an assignment because the temp would be working under the direction and control of the client, a client who can go elsewhere.

[My earlier post was in response to your statement that, "if you tread on their toes that they could just pull you out of you contract and [B]give the role to someone else as agencies are allowed to do that[/B]. " (my emphasis)]

LittleVoice

CCFC_80 wrote: »

It's possible but most of the time unlikely. For your average 10 a penny job, employers would only use a couple of agencies at the most.

A lot of them would have exclusitivity on just one client.
In the above scenario, I wouldn't put it pass the agency to phone their client beforehand and say that they were pulling out the temporary worker due to unforseen circumstances. Recruitment agencies are not the nicest of people and some of them are quite prepared to sink lower than a snakes belly.:eek:

As they were currently holding all the cards that agency would be ideally placed to bring someone else in immediately as a replacement

It's a public sector employer. They are going to be using more than one agency. They won't be on an exclusive contract.

However, for the OP, if, as they say, the client organisation thinks they should receive the same number of actual days paid holiday as a directly employed member of staff, then they will have to pay the agency for sickness absence at the normal rate.

That way, paid leave would accrue and they would be paying for it.

As it stands, if they don't pay for the sickness absence they aren't paying the agency the uplift to enable paid leave to be given in due course. The payment for the holiday is rolled into the rate that the client pays the agency. No pay for sickness time = no pay pot for holiday time.

anamenottaken

CCFC_80 wrote: »

Yes, didn't see the Public sector bit. Just for the record though and I guess you probably don't know, that one leading High Street Agency does have exclusitivity for supplying temporary staff in one area of the Public Sector which is for a large regions Police Force. I won't name them. Also Didn't Manpower agency have exclusitivity on supplying all the temporary Xmas postal workers staff?

I think the whole point of this thread is that are agency workers getting the same benefits after 13 weeks employment with firms as permanent staff and the answer is Not Likely:eek:

Not just "not likely" but "definitely not" - because the legislation does not give them those benefits. Gardna knew that.

CCFC_80

All my posts on this thread are now removed. I have tried to help and offer opinions regarding the OP's dilemma but as usual you get cretins on this forum with no experience, who think that they know more then people with experience.

Also this section of the forum has been taken over by people with over inflated ego's who continually insist on trying to get the last word in on subject matters even when they are wrong

After nearly 1000 posts on here I will not be Contributing any more

MODERATORS PLEASE FEEL FREE TO CLOSE MY ACCOUNT.

gardna

Thank you all for your posts, which I've just seen, including CCFC_80. I always greatly appreciate the kindness of strangers who are good enough to try to offer help and advice.

For the record, Pertemps does have exclusivity on providing admin-grade temps in the part of the public sector I work for. It must be worth an enormous amount of money to them.

I have no qualms about taking the issue up with them. I am so far down on my leave that however I calculate it, it can't just be down to the way they work out my entitlement alone.

The branch has a new manager who struggles to spell the simplest words, and I have no reason to believe his numeracy is any better than his literacy, so it may be a long phone call.

I feel valued enough where I am, after six months, to feel fairly confident my hirer wouldn't let Pertemps remove me against my/their will.

Thank you very much indeed everyone, once again, for your help.

CCFC_80

/B]QUOTE[B]=[/B]LittleVoice[B];[/B]59576675[BIt's a public sector employer. They are going to be using more than one agency. They won't be on an exclusive contract..[/QUOTE]

Well,Well there's a well researched statement if ever I saw one.

Like I say,there are people contributing on these threads with no experience who seem to know more then people with experience. Hope that the ego's of the people on mainly this part of the board will get a boost. Like I said,a final farewell and definitely my last comment on MSE and glad to be getting out of it for good.