Agency Holiday Pay

getmore4less

Tarambor wrote: »

I think I know what the problem is. You cannot use the current calculator to calculate holiday pay due prior to employment ending before 17th December as the government changed the way it was calculated for agency workers and "gig economy" workers.

It used to be the case prior to 17th December that when your hours were not regular employers were entitled to calculate them using the average of the previous 12 weeks where any pay was due and that is how they have calculated it. Calculate what the total you were paid by them was over the period you were there, divide by 12 and that's probably what I reckon you got paid.

Good news going forward is that this is one of the things that has being fixed by the government with their recently announced amendments to the AWR. Holiday pay will be calculated based on 52 weeks, not 12 weeks, so that seasonal workers are no longer disadvantaged and also the Swedish Derogation is being rescinded too. Unfortunately yet again in regards to the SD the government have missed the point and if you're on a "pay between assigments contract" as I have been to get around the SD, you're not entitled to parity pay but they at least now must pay you 50% of your highest week's wage with a client instead of just 8hrs when there's no work.

Unfortunately the bad news for you is that you were employed by the agency and ended your employment with them before the change in December so the holiday pay only had to be calculated under the old rules so you need to take what you earned in total with them over those several weeks, divide by 12 and that's the holiday pay due.

That should never have been the way total holiday pay due should have been calculated as unpaid weeks are not counted towards averages.

System

getmore4less wrote: »

That should never have been the way total holiday pay due should have been calculated as unpaid weeks are not counted towards averages.

Only unpaid weeks IN THAT EMPLOYMENT. When you leave before 12 weeks it muddies the waters a bit.

shadddaz

Hi All

right lets try to clear a few things up for you

The agency in question I am still on the books just not accepting work so I think I would still come under the new calculations (feel free to correct me)

Here is the pay dates in question the total hours all taken from info on the pay slips is 313.5
Start Date End Date Name Pay Method
30 Nov 2018 08 Dec 2018 Payslip Bacs
23 Nov 2018 01 Dec 2018 Payslip Bacs
16 Nov 2018 24 Nov 2018 Payslip Bacs
09 Nov 2018 17 Nov 2018 Payslip Bacs
02 Nov 2018 10 Nov 2018 Payslip Bacs
26 Oct 2018 03 Nov 2018 Payslip Bacs
19 Oct 2018 27 Oct 2018 Payslip Cheque


I will give ACAS a call tried sending them a msg got an auto reply saying they will reopen on the 3rd Jan

The agency are not have started ignoring emails and text if I call I just get told they will pass it on to a manager I have the manager email I have contacted him direct with no reply

Yes I did include all of my working as well if my calculation are wrong then I guess they would have no issues in correcting me but by the lack of contact I am guessing I am not far from what it should be

Thanx for all the replies

SummerSunshine2

The agency are ignoring.

Have you had money from them, just not the full amount?

Ja7188

Not sure it's the best idea to name the agency - you might want to edit that out.

Just to confirm, have you worked all 313.5 hours - i.e. you didn't use any holiday pay?

ViolaLass

Does that mean every week's pay has been wrong? Did you flag this at the beginning? How did they respond then?

shadddaz

SummerSunshine2 wrote:

The agency are ignoring.

Have you had money from them, just not the full amount?

I did say that in the OP They have paid 155.99 but based on my calculations it should be more

Ja7188 wrote:

Just to confirm, have you worked all 313.5 hours - i.e. you didn't use any holiday pay?

No Hols taken

ViolaLass wrote: »

Does that mean every week's pay has been wrong? Did you flag this at the beginning? How did they respond then?

Not every weeks pay it started when i put in my expenses (over night parking) my pay rate would drop £1 per hour for some reason to almost the same about as my expense they have paid most of it back (still £10 short) after a bit of moaning but with the hol pay they have just been ignoring it I guess hoping I get fed up and go away

System

Did you calculate it as a total of your taxable pay in that employment divided by 12? What did that come out at? Would be interested to see if it was near what you paid to confirm what I said or not.

ViolaLass

I'd give them a week once they re-open then I'd camp out in their offices. Not saying you should but it's what I would do.

Ja7188

Not every weeks pay it started when i put in my expenses (over night parking) my pay rate would drop £1 per hour for some reason to almost the same about as my expense they have paid most of it back (still £10 short) after a bit of moaning but with the hol pay they have just been ignoring it I guess hoping I get fed up and go away

Can't see how this makes sense - surely business expenses should be treated and paid separately from wages - sounds to me like they may have muddled them up!