Employment agency blocking me taking up a job offer

vegasvisitor

getmore4less wrote: »

What is happening to the accrued holiday?

It's possible to not use your holidays when temping, then when finishing with them you just get paid in lieu. I was once offered work with an agency where they would 'roll up' the holidays into the hourly rate. I'm not sure if that's allowed, but they did suggest it was how they worked. I didn't take the job up anyway.

anamenottaken

lesley74 wrote: »

It's possible to not use your holidays when temping, then when finishing with them you just get paid in lieu. I was once offered work with an agency where they would 'roll up' the holidays into the hourly rate. I'm not sure if that's allowed, but they did suggest it was how they worked. I didn't take the job up anyway.

Be very wary about assuming you can always get paid when you leave. It will depend on the terms which the agency use, especially if you are on a long term placement. Some will give a specific date for your holiday year to end and if you go beyond that without taking all your entitlement, you lose it, just like with normal employment.

"Rolled up" holiday pay is indeed no longer lawful. It must either be paid when holiday is taken (like normal working) or be included as a separate item, not simply included in the hourly rate.

roachy

Hi all, thanks for the replies.

Just to cover the holidays, I work and am "employed" through an umbrella company who pay holiday on top of the hourly rate.

So the upshot is , the agency has agreed to a 4 week continuation of me temping in lieu of a fee. My employer would most probably have been waiting 4 weeks for someone to work a notice else where.

I'm a bit peeved to have to do it, although it means more money short term, because on principal I feel its a restriction of my ability to trade (re: Bosman ruling from a few years ago) but hey ho, it could have been worse.

paddyrg

Certainly not restricting your freedom to trade, it's a contractual agreement that one party wanted to go back on, as to which way you would get paid