Agency Work, Bank Holidays and Holiday Pay

GCrawfCom

Hi,
Wondered if anyone could help?
I'm currently temping through Adecco. I've been in this current assignment since November last year.
I am currently experiencing some frustrating issues with regards to Bank Holidays and with Holiday Pay in general.

Currently, if I want to be paid for a National Holiday - I have to complete a holiday request form.
However, whereas I'm paid on an hourly rate for the work I do, the holiday pay is calculated on a day rate, based on the number of days worked over a 12 week period.

Earlier in the year around Easter it worked out financialy viable to not claim holiday at all, as my pay was getting less each week due to the bank holiday/holiday days taken.

This doesn't seem right for a number of reasons;
Despite accruing holiday each week I'll lose out to take them.
If I don't take them, I lose them completely at the end of the holiday year.
I have to - in effect - "waste" a day's holiday in order to get paid for a National Holiday, where my assignment's office is closed for business anyway.

Can someone help? Does this sound correct?

Thanks
Gaz

getmore4less

How are they calculating holiday accrual?

There are a number of ways to calculate holiday.

Eg.

If your hourly rate is fixed you should get the same rate for an hours holiday.

The accrual should be 12.07% of hours worked then they can use up those hours to pay a day's holiday aiming for the equivilent of 5.6 weeks pro-rata.

GCrawfCom

So my weekly hours don't change week-to-week unless it's a bank holiday.

They have advised that holiday rate is calculated on a day rate taken on an average over a 12 week period.

I took one day off in March to move house, then along came Easter which I had to book as 2 days holiday (even though it was a National Holiday) so the first week's pay that included Good friday was less than I was paid for my 1 day's holiday in March.
Then Easter Monday's weekly pay was lower again!

Then of course May Bank holidays were within a few weeks, at which point I didn't claim them instead lost only a day's pay.

Bearing in mind that other than Bank holidays and the one day in March I haven't been off sick or taken any other days holiday - though I must have accrued loadsof these by now (1 day per fortnight).

But of course; if I don't take these days as holiday before the end of the holiday year: i lose them!

MovingForwards

I'm temping and saving my accrued holiday pay either to cash in when I land a permanent job or in case I'm temping somewhere that shuts for a few weeks over Xmas.

My holiday pay is based on a weekly entitlement of just over 2.3h per week, as I only work 20 hours, of my hourly rate.

Do you need to claim a holiday from your entitlement or can you afford to bank them for as and when work dries up, or to have as a lump-sum and still be doing your assignment?

I've never worked via your agency so can't offer any personal experience about how they do things.

Undervalued

Your entitlement is to 5.6 weeks (28 days if full time) of holiday per year. Your employer can tell you when you can and cannot take them

There is nothing special in employment law about bank holidays. If the place of work is shut then you are in effect being told to take that day as one of your 28 days holiday. Equally if they are open and busy on bank holidays, they may require all staff to be at work and not allow any leave to be taken.

getmore4less

On fixed hours they should be paying fixed days pay.

It's how they calculate the accrual that matters.

I suspect someone has work out they can Fiddle the intention of the law and the averaging legislation to cut holiday pay.

Would need the details of the calculations method to determine if they are working within the law.