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Benefits For My Daughter

My 18 year old is currently working for a temping agency and has been with her current company on a temp/perm contract which was supposed to be made permanent this month - they are still paying her via a temp agency - therein not a problem - however if she is off sick for any reason she doesn't get paid - if she takes holiday again she doesn't get paid - if she calls in sick for one day she is made to take the rest of the week off something she cannot afford to do - again not the problem. I just wonder as she pays tax whether she is entitled to a tax rebate for the weeks she is not getting paid and whether she is entitled to sickness benefit for the weeks she is off sick again not getting paid - I just wondered what the protocol was and if there is anything she can get help with. The benefits system is a minefield so any advice would be very much appreciated.
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Comments

  • Indie_Kid
    Indie_Kid Posts: 23,097 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    She'd only get a tax rebate if at the end of the tax year, she'd paid tax and her total income was less than £9440.
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  • NYM
    NYM Posts: 4,066 Forumite
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    cfc1963 wrote: »
    My 18 year old is currently working for a temping agency and has been with her current company on a temp/perm contract which was supposed to be made permanent this month - they are still paying her via a temp agency - therein not a problem - however if she is off sick for any reason she doesn't get paid - if she takes holiday again she doesn't get paid - if she calls in sick for one day she is made to take the rest of the week off something she cannot afford to do - again not the problem. I just wonder as she pays tax whether she is entitled to a tax rebate for the weeks she is not getting paid and whether she is entitled to sickness benefit for the weeks she is off sick again not getting paid - I just wondered what the protocol was and if there is anything she can get help with. The benefits system is a minefield so any advice would be very much appreciated.


    How long has your daughter been working for the same company?
  • cfc1963
    cfc1963 Posts: 17 Forumite
    She had been there since September but they laid her off on Friday - well said they didn't need a temp there any more as there was no work for her and that was that - today however, they are advertising the post my daughter was doing - this time its an apprentice role for a third of the amount my daughter was being paid - know there's nothing she can do about it but ..... not impressed to say the least. She's back to the job centre again ... :((
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Once she starts work again, she will be refunded any tax overpayment through her payroll.


    If she doesn't work for the rest of the year, only after the end of the tax year can she claim any refund, this can be done easily over the phone but not until after April 5th.
    make the most of it, we are only here for the weekend.
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  • cfc1963
    cfc1963 Posts: 17 Forumite
    Thanks for the advice.
  • whodathunkit
    whodathunkit Posts: 1,130 Forumite
    cfc1963 wrote: »
    She had been there since September but they laid her off on Friday - well said they didn't need a temp there any more as there was no work for her and that was that - today however, they are advertising the post my daughter was doing - this time its an apprentice role for a third of the amount my daughter was being paid - know there's nothing she can do about it but ..... not impressed to say the least. She's back to the job centre again ... :((

    Of course, she could apply for the apprentice vacancy.
  • NYM
    NYM Posts: 4,066 Forumite
    Tenth Anniversary 1,000 Posts Photogenic Combo Breaker
    Your daughter was employed by the Agency and not directly by the company she was placed with. Agency workers are entitled to SSP.
    As she'd been working with the same 'hirer' for more than 12 weeks, she's also entitled to holiday pay.

    Has the Agency no further work placements for her ?
  • paddedjohn
    paddedjohn Posts: 7,512 Forumite
    Part of the Furniture
    NYM wrote: »
    Your daughter was employed by the Agency and not directly by the company she was placed with. Agency workers are entitled to SSP.
    As she'd been working with the same 'hirer' for more than 12 weeks, she's also entitled to holiday pay.

    Has the Agency no further work placements for her ?





    She would have been entitled to holiday pay from day one, this was probably paid as a premium in her wages each week and she should have been putting it to one side for when she was off. As far as I can remember the 12 week rule entitles the agency worker to the same holiday entitlement as a directly employed worker doing the same job.
    OP, if your daughter wasn't paid any extra cash for holidays off the agency she needs to confront them about it.
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  • cattermole
    cattermole Posts: 3,539 Forumite
    edited 29 January 2014 at 11:52PM
    The above advice is correct to a point, my son has been in and out of temporary work for the last few months. I have to say with an agency who have treated him very well.

    His last contract ended just before Christmas and he was paid all the holiday pay owning when he requested it.

    The DWP have also been very good and he has signed on and off 3 times during this period when he didn't have work. As soon as you finish on a temporary contract i.e. from last Friday she is entitled to sign on.

    Just wish he could find more work or even an apprenticeship, it's sole destroying the amount of applications and phone calls he makes.
    Think of all the beauty still left around you and be happy - Anne Frank :A
  • cattermole
    cattermole Posts: 3,539 Forumite
    edited 29 January 2014 at 11:51PM
    paddedjohn wrote: »
    She would have been entitled to holiday pay from day one, this was probably paid as a premium in her wages each week and she should have been putting it to one side for when she was off. As far as I can remember the 12 week rule entitles the agency worker to the same holiday entitlement as a directly employed worker doing the same job.
    OP, if your daughter wasn't paid any extra cash for holidays off the agency she needs to confront them about it.

    To pay a premium in the wage is no longer legal even for temporary workers. They have to accrue their holiday pay the same way as anyone else and can request to either take the holiday or be paid it at the end of the contract.

    The only way it can be done is for it to be really clearly shown on the payslip as holiday pay and not in the main wage per hourly rate.
    Think of all the beauty still left around you and be happy - Anne Frank :A
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