Agency holiday entitlement

sukavi2011

Hi, I started a new full time (40hrs) job through an agency. My contract says I am entitled to 28 maximum holiday per year, Their holiday year starts from 1st Mon after last Fri in Sept, which ironically is the day I started, so would be entitled to full holiday should i still be with them till next Sept or so I think (2.33 days per month). So am I right in thinking that after 3 months I would have accrued appr 7 days holiday (a 4th of years entitlement)? I was told today after 8 weeks employment I had only accrued 1 day, which doesnt make sense. If I have to work another 8 weeks to accrue another 1 day then I would have been working for them 4 months, and after 1 year that would be a total of 6 days. Doesnt make sense.

xapprenticex

speak to your agency, we can only guess how they work it out.

you may find that your holiday pay is included in your wages, check it with them though..

sukavi2011

Thanks for the reply, I have spoke to the agency today, i was astounded when they said 1 day only.they are checking again next week to see if its changed though i cant see how. They have never said its included in my wage nor has my way slip any mention of holiday pay, nor does it say its pro rata. I have read contract again and no mention of wage including any holiday pay. As it stands I will be looking for a new job away from the agency, especially as when I started it was on a 4 week temporary basis, leading to permanent. I was told by the manager on the 3rd day they wanted to make me permanent ASAP, even they have been misleading me. I feel like I am being used by both parties, so am going to do whats best for me now.

specialboy

Holiday pay can't be included in your wages unless you have time off, rolled up holiday pay is illegal and has been for a few years now. OP, as far as your accruement so far goes you are correct in that you will have so far earned roughly 1/4 of you hols but your employer can decide when you can take any of them as long as you get them within the hol year.

sukavi2011

So they can choose that Im only allowed 1 day at present just because they can. The company im temping with shuts down for 6 days at Xmas so the agency who pay me can choose not to pay me for the shutdown which includes 3 BHs even though I would have accrued around 7 days since i started, Totally unfair so I will soon be leaving them. Would rather break into my redundancy pay and get a minimum living wage job. If I leave them they will have to pay me any holiday they owe me thats outstanding, and not just the 1 day surely?

[Deleted User]

Be careful, I got caught Jan - April this year in this way - in the end it paid just to be able to leave immediately when the time came, really without fuss. Never saw a penny of holiday pay or the P45 for that matter.
Turns out the smokescreen of a temporary contract I had was for a warehouse assistant when I was Accounts Admin so very confused..

sukavi2011

All seems a bit of a con to me keepcalm, especially if they couldnt get your contract descript right too. I was going to stick it till xmas and if company am temping for hadnt made me perm as 'promised' i was going to get agency to find me a new position. Now after this holiday fiasco I want to get away from them too. Have started looking for job already, even if means taken unpaid days off for interviews. Wont go with an agency again. Would rather get a new job by myself even if it means no Xmas pay as i would understand I hadnt accrued it and therefore wouldnt expect to be paid.

jobbingmusician

Have a look at https://www.gov.uk/holiday-entitlement-rights/calculate-leave-entitlement - in fact, show your employers this whole article and ask why their calculations are so different from the govt calculations. Remember, though, that your leave entitlement includes BH so some of it will probably get swallowed up by the Xmas/NY period.

getmore4less

This came up a few weeks back the WTD used to have a qualifying period for holidays some places overlooked that this was removed so accrual from day 1.

sukavi2011

Thanks for all your replies, Jobbing, i did the calcs on your link and it says just over 4 days upto yesterdays date which is what i would have expected. It also mentioned that after 3 mth you would be ent to 1/4 of holiday. I dont know if the fact my employer is an employm agency makes any difference. Surely they would have the same regs as other employers.
Getmore what does WTD mean,

xapprenticex

sukavi2011 wrote: »

All seems a bit of a con to me keepcalm, especially if they couldnt get your contract descript right too. I was going to stick it till xmas and if company am temping for hadnt made me perm as 'promised' i was going to get agency to find me a new position. Now after this holiday fiasco I want to get away from them too. Have started looking for job already, even if means taken unpaid days off for interviews. Wont go with an agency again. Would rather get a new job by myself even if it means no Xmas pay as i would understand I hadnt accrued it and therefore wouldnt expect to be paid.

They are using you to make money, so use them as a platform to get a new job. Dont leave them, its better to work under those conditions than sign on but look for work, as soon as you find work you're happy with, you can leave immediately for the new job.