Agency workers and Holiday Entitlement

azmodan

I'm an agency worker, and have been in my current role with the civil service for approximately 16 months.

I understand that beyond 12 weeks in the same position workers should enjoy the same pay and holiday entitlement as a full time employee of the company. Here is where we fall down :

My holiday year runs from my first day of employment for the full year; in my case this is the first week of October. The agency I work for will only allow me to take holidays which I have accrued. However, during the entirety of August and September holidays are either highly restricted or blocked entirely due to the time constraints of the work we need to carry out. This meant that last year I could not physically take some of my time off, due to not accruing it by the time this 'block' kicked in. It also meant that when I went in for surgery shortly after *my* year began, I did not have enough holiday hours accrued to cover the full period and had to take a week off unpaid.

I effectively lose 1/6 of my holiday entitlement each year as a result. My colleagues can carry days over, I can't. They would also have been able to take the full medical recovery period as paid holiday.

Is this actually in line with the workers regulations? I don't feel as though I'm actually being treated as an 'equal' to my colleagues as a result of these restrictions. To boot, I am also not being paid a £2000 annual enhancement for working flexible and occasionally unsociable hours (6 a.m. starts, Saturdays) which all of my colleagues receive.

I have tried explaining my position to the agency, they were not interested. They took more notice when my manager raised the same complaint, but ultimately this was also shot down by someone I've never met, and likely never will. I'm stuck, and my employer wants to help but can't.

Perhaps you fine folk can?

jobbingmusician

I suspect that the agency is operating outside the law. If you are allowed to take holiday only when you have accrued it, and can't take holiday in Aug or Sep, they are stealing holiday from you every year (unless you can carry it forward?)

I'm not an expert on agency law (Swedish Derogation?) but *suspect* that yes, you should also be entitled to the antisocial hours enhancement. I, too, hope that someone on here can help, but would strongly suggest that if you don't get a clear resolution* here, that the CAB or a free/cheap half-hour with an employment lawyer would be time/money well spent.

*I could be shot down and shown to be wrong. It does happen....

sangie595

(a) Is this an agency managed by the Civil Service? Internal agencies are not governed by the regulations. Many large employers, including the Civil Service, do have their own agencies. The NHS is another example who have an internal agency.

(b) The regulations relate to the basic terms anyway. So they can require an agency to offer the same leave - but not to operate the same policy for booking leave.

(c) I would need to have more information about the status of the allowance - it isn't clear what this is or whether it is included in the regulations (assuming they apply)

(d) If you work for an external (to the Civil service) agency who offer payment between assignments, then the right to equal pay after 12 weeks does not apply to you. This is what is called the Swedish Derogation.

azmodan

The agency in question is Brook Street. From what I understand, they do not offer pay between assignments. They made a point of informing me that my pay and holiday entitlement would be equal to that of a full time employee when I reached the 12 week mark over a year ago.

Regarding the leave dates...a regular employee can choose to take the entire month of October off work in any given year. I can take a maximum of 3 days right at the end of the month due to the accrual system. I also lose time at the end of the year that I simply cannot take. Surely this entitlement cannot be considered equal?

Spendless

I have a very similar issue with my (diffderent) agency. My hol year starts on the day I started early July, but I have school aged kids in examination years, so little choice but to holiday in August when I haven't accrued enough holiday pay.

It's not that your agency won't let you take time off you haven't accrued, you could take unpaid time off (you mention doing so, when you had your op). It's that they won't pay you holiday pay until you have accrued enough, which is the way I believe all agencies work.

However you accrue all the time you're working and it wouldn't be possible to tell you how much you've accrued until you actually work up until the last day of your holiday year. Each agency I've worked for has allowed a slight carry over for this very reason.

My suggestion is that you make sure you use up all accrued holidays by the end of July and then also book the first week of October off.

sangie595

azmodan wrote: »

The agency in question is Brook Street. From what I understand, they do not offer pay between assignments. They made a point of informing me that my pay and holiday entitlement would be equal to that of a full time employee when I reached the 12 week mark over a year ago.

Regarding the leave dates...a regular employee can choose to take the entire month of October off work in any given year. I can take a maximum of 3 days right at the end of the month due to the accrual system. I also lose time at the end of the year that I simply cannot take. Surely this entitlement cannot be considered equal?

As I explained, the leave entitlement is the same, so the law is satisfied. Policy isn't included in the AWR. So you need to work within their policy, not their clients.

azmodan

So I haven't a leg to stand on and must just accept the fact that I can't take my leave entitlement?

sangie595

azmodan wrote: »

So I haven't a leg to stand on and must just accept the fact that I can't take my leave entitlement?

You can take it. You just can't pick and choose when you take it.

azmodan

Except I can't, because my employer blocks the end of *my* leave year when the leave is still being accrued.

But thank you for the clarification.

Comms69

azmodan wrote: »

Except I can't, because my employer blocks the end of *my* leave year when the leave is still being accrued.

But thank you for the clarification.

Not your employer, but the place where you work.

azmodan

Ah, yes, apologies. However the result is the same. Sad face.