Agency holiday/ public holiday entitlement

April2017

Hi everyone

I have just started working in an agency post, the agency handbook advises that workers are entitled to 5.6 weeks (28 days) of paid holidays per year which I understand is the minimum requirement. This includes public and bank holidays. The company I am working for offer 27 paid holidays per year PLUS 10 bank/ public holidays.

I understand that after 12 weeks continuous work in the same assignment I am entitled to the same rates of pay/ holiday entitlement as if I had been employed by the hirer.

My question is, after 12 weeks am I entitled to 27 days paid holiday plus the paid bank holidays? (Or the pro-rata equivalent depending how long I’m working there)

Thanks

sangie595

By working for the agency, is that what you mean? They employ you, and there is some form of payment between assignments? If that is the case, the AWR doesn't apply to you.

Have you asked the agency?

April2017

No I am not employed by the agency, I am an agency worker. The current assignment I am on will possibly be long-term of a year or more so that’s why I am trying to work out holiday entitlement.

The agency definitely implied I would only be entitled to 28 days per year. However, I have since read about the AWR which seems to contradict the agency. I will ask them again, just wanted to check if anyone knew off hand.

Thanks

sangie595

Sorry, please say that again? You are definitely not employed by the agency but you are an agency worker? Somebody is employing you. On some basis. "Agency worker" on its own isn't a legal status.

What does your contract say? Who is it with? On what basis?

April2017

Sorry for the confusions. I am an agency worker as per this information from the UK government website:

<When you're an agency worker

You’re an agency worker if you have a contract with an agency but you work temporarily for a hirer. Agencies can include recruitment agencies, for example ‘temp agencies’.

You’re also an agency worker if you look for work through entertainment and modelling agencies.

You’re not an agency worker if you:

find work through an agency but work for yourself - you may be self-employed
use an agency to find permanent or fixed-term employment - check with the company that hired you
take a ‘pay between assignments’ contract - you’re an employee of the agency>

My contract is with the agency but I am not on a ‘paid between assignments contract’ therefore as far as I understand the AWR does apply to me.

sangie595

If you have a contract directly with the agency, then yes, you are correct. I'm just surprised any agency hasn't become company by now as these are not new regulations. So you will have to discuss it with them. Carefully. Because obviously the fall out might be that your contract is terminated.

System

April2017 wrote: »

I understand that after 12 weeks continuous work in the same assignment I am entitled to the same rates of pay/ holiday entitlement as if I had been employed by the hirer.

My question is, after 12 weeks am I entitled to 27 days paid holiday plus the paid bank holidays?

It depends on whether the agency are using the Swedish Derogation of the AWR. If they are then no you're not entitled to the same rates of pay and holiday pay as permanent staff after 12 weeks. All an agency have to do to invoke the Swedish Derogation is guarantee you a minimum weekly pay if there is no work and that can be as little as 8hrs and if you turn down any work offered they don't even have to pay you that.

The Swedish Derogation is one of my bug bears as it made the AWR worthless. It is currently costing me £15,000 a year and over the last half decade I've had just 2 weeks where they've had to pay me because there was no work.

Comms69

Tarambor wrote: »

It depends on whether the agency are using the Swedish Derogation of the AWR. If they are then no you're not entitled to the same rates of pay and holiday pay as permanent staff after 12 weeks. All an agency have to do to invoke the Swedish Derogation is guarantee you a minimum weekly pay if there is no work and that can be as little as 8hrs and if you turn down any work offered they don't even have to pay you that.

The Swedish Derogation is one of my bug bears as it made the AWR worthless. It is currently costing me £15,000 a year and over the last half decade I've had just 2 weeks where they've had to pay me because there was no work.

Surely in 5 years better work has been available?

sangie595

Tarambor wrote: »

It depends on whether the agency are using the Swedish Derogation of the AWR. If they are then no you're not entitled to the same rates of pay and holiday pay as permanent staff after 12 weeks. All an agency have to do to invoke the Swedish Derogation is guarantee you a minimum weekly pay if there is no work and that can be as little as 8hrs and if you turn down any work offered they don't even have to pay you that.

The Swedish Derogation is one of my bug bears as it made the AWR worthless. It is currently costing me £15,000 a year and over the last half decade I've had just 2 weeks where they've had to pay me because there was no work.

I already asked if the OP had payment between assignments and was an employee of the agency. They said not. I'm not convinced about that, but I have to take it at face value - the derogation isn't in place according to the OP.