Holiday pay whilst working for an agency

Chucky1234

Hi all,

I work a second job for a recruitment agency. The way it works is we have an app, and the recruitment agency puts various shifts on depending on what is required by the many clients of the agency. I can then apply for that shift and if I am accepted by the agency, I work the shift. I have to clock in and out on the app and fill in a timesheet which the client then sends to the agency. We are then paid around a week later, from the agency. The agency sends us payslips and the deposits on my bank statement says the agency name. The agency deducts my PAYE and NI. I believe I am a 'worker' for the agency so I get the same rates as any other 'workers'.

The query I had mainly relates to holiday pay. There was nothing mentioned in my induction and interview, I haven't received a contract of employment, and nothing has been mentioned to me in relation to holidays. I have worked here for approximately 5 months.

Based on prior knowledge and researching online, I believe I am entitled to holiday pay based on the hours I work. I believe this is 12.07% of my gross pay.

Obviously, I cannot book days off as I have no obligation to work shifts nor do they have an obligation to give me any, so I believe this should be paid to me.

I am on national minimum wage so obviously this takes me below the threshold if I am not paid for holiday.

I just wanted to check my understanding of this situation was correct before approaching the agency about it? I have tried to include all relevant detail I can but if you need any more information please let me know.

Also, if I am correct, when I mention it to the agency, if they don't play ball, what are my next steps?

I appreciate everyones help :beer:

Comms69

Chucky1234 wrote: »

Hi all,

I work a second job for a recruitment agency. The way it works is we have an app, and the recruitment agency puts various shifts on depending on what is required by the many clients of the agency. I can then apply for that shift and if I am accepted by the agency, I work the shift. I have to clock in and out on the app and fill in a timesheet which the client then sends to the agency. We are then paid around a week later, from the agency. The agency sends us payslips and the deposits on my bank statement says the agency name. The agency deducts my PAYE and NI. I believe I am a 'worker' for the agency so I get the same rates as any other 'workers'. - you are a worker, in that you have in effect a zero hours contract. That has no effect on the rate of pay. (nor your tax rate)

The query I had mainly relates to holiday pay. There was nothing mentioned in my induction and interview, I haven't received a contract of employment, and nothing has been mentioned to me in relation to holidays. I have worked here for approximately 5 months. - you are entitled to paid holiday

Based on prior knowledge and researching online, I believe I am entitled to holiday pay based on the hours I work. I believe this is 12.07% of my gross pay. - it's taxable, so yes you could say that.

Obviously, I cannot book days off as I have no obligation to work shifts nor do they have an obligation to give me any, so I believe this should be paid to me. - indeed, but you can and should be 'booking' holiday

I am on national minimum wage so obviously this takes me below the threshold if I am not paid for holiday. - but have you requested any?

I just wanted to check my understanding of this situation was correct before approaching the agency about it? I have tried to include all relevant detail I can but if you need any more information please let me know. - it's more or less sufficient.

Also, if I am correct, when I mention it to the agency, if they don't play ball, what are my next steps? - small claims court / tribunal - also no more work I suspect.

I appreciate everyones help :beer:

I suspect they will pay it without question, it's just simply you haven't requested it

System

Chucky1234 wrote: »

Based on prior knowledge and researching online, I believe I am entitled to holiday pay based on the hours I work. I believe this is 12.07% of my gross pay.

Correct.

Obviously, I cannot book days off as I have no obligation to work shifts nor do they have an obligation to give me any, so I believe this should be paid to me.

Yes you can. You don't need to be actually offered shifts to book days off. The agency will know how many hours/days you have in your holiday pot and you just phone them up and tell them you are going to book X days holiday.

I get 33 days a year from my agency which I can take from day 1 of the new holiday year. I just phone them, tell them I'm taking X days holiday the following week and send in a timesheet with HOLIDAY written in the column for that particular day(s) and nothing in the box for the client name.