Hays Holiday Pay

villa852010

Hello

I am currently working as a contractor through Hays. The initial term was 6 months which has now lapsed but the company i work for have extended the term for a further 3 months and from what i have been informed is that it will become a permanent role (as they were waiting on a new contract which was delayed but it is going ahead, however the 3 months could be a further 3 months on a temp contract.

Hays have been deducting a certain percentage from my hourly rate for holiday pay, which would be paid when i took holiday or if i didn't take any holiday it would be paid back to me at the end of the term which was initially 6 months, which was the contract i signed with Hays.

Now the 6 months is over i want the amount paid, and i have tried contacting them but the office was closed and from what i have read is that the holiday term is December 26th to December 25th or something, and if i don't take the holiday i would lose it which is fine, but does that also mean i lose the money as its amount deducted from my hourly rate, surely they can't take the money as it would need to be paid back to me.

The issue i have is that i have 108 hours accrued which will increase and the moment the amount equates to just under £2000, and its difficult getting time off this time of the year working in finance.

Some may say i should have taken holiday but on a 6 month contract i wanted to earn as much as i can as i didn't know if i would get another job straight away and the money from the holiday would have been a bonus to tie me over until i got another job.

brightonman123

holiday pay accrues so you can take it while in the job, or as a 'lump sum' at the very end (ie, when you leave the job, I think).

Dayman

Your contract has been extended, you can't be paid your holiday for another 3 months.

specialboy

Your contract has been extended so you can't/won't be paid for any holiday but you can still request to take them.

villa852010

Thanks for the replies.

What if my contract gets extended further and takes me pass the December deadline? Would they be liable to pay any balance outstanding that has not been taken?

Dayman

villa852010 wrote: »

Thanks for the replies.

What if my contract gets extended further and takes me pass the December deadline? Would they be liable to pay any balance outstanding that has not been taken?

You will be paid outstanding holiday in the 13th month for the previous 12.

villa852010

Cool thanks for that dayman

specialboy

Unless there some special rule for agency workers that I've not heard of before you either have to take the holidays during the leve year or lose them, you can carry over upto 1.6 weeks but you can't be paid cash fo any untaken

villa852010

I have spoken to hays and they said that any hours accrued that are not taken will be lost including the money.

I don't know how they can get away with this, as it's technically your money.

bargainbetty

Then take the holiday. You are owed it, so have it.

General_Grant

villa852010 wrote: »

I have spoken to hays and they said that any hours accrued that are not taken will be lost including the money.

I don't know how they can get away with this, as it's technically your money.

Technically it should not have been included in your quoted hourly rate to start with. Hays do this to make your pay seem higher than it is.

Though 1.6 weeks can be carried forward (as time, not pay), this is only if Hays agreed to it as well as you . Hays will not do that, they prefer to have the money themselves.

If the client now confirms that they have a contract which could enable you to be a permanent member of staff, why do they want to carry on paying Hays for a further 3 months?