Holiday accrual wiped with no notification?

Gazuk

Hi, Me and a colleague have been working for around 4 months through a established employment agency. We have both been accruing our holiday pay to cover the Christmas period. I've just been informed by the agency, that our holiday pay was wiped at the end of September as its the companies policy to have a cut off date. There has been no notifications to us from the agency in any form in the 4 month period to warn us of this. I'm guessing it is written in the contract somewhere, but having worked for around 10 agencies , I have always been notified prior to any cut off dates about using holiday pay. Infact I would usually get phone calls ensuring that i take it or use it for pay.

Is this actually legal working practice for world an agency? Surely they have to try to notify their employee?

Thanks
Gaz

General_Grant

Gazuk wrote: »

Hi, Me and a colleague have been working for around 4 months through a established employment agency. We have both been accruing our holiday pay to cover the Christmas period. I've just been informed by the agency, that our holiday pay was wiped at the end of September as its the companies policy to have a cut off date. There has been no notifications to us from the agency in any form in the 4 month period to warn us of this. I'm guessing it is written in the contract somewhere, but having worked for around 10 agencies , I have always been notified prior to any cut off dates about using holiday pay. Infact I would usually get phone calls ensuring that i take it or use it for pay.

Is this actually legal working practice for world an agency? Surely they have to try to notify their employee?

Thanks
Gaz

They have to tell you when your holiday year runs from but they don't have to chase you to take the holiday or even tell you it is about to expire.

Check the written particulars you have to see whether they do say their holiday year is from 1 October to 30 September. If it doesn't specify that, then you will have your individual holiday year running from when you first carried out work for them. They shouldn't "wipe" accrued holiday until the year is complete.

custardy

Pretty sharp practice!

MovingForwards

It will be in the T&C's you agreed to when signing up with them, have a look through the handbook either the paper copy provided to you or on their website.

My old agency did January to December for holidays.

Savvy_Sue

Gazuk wrote: »

I'm guessing it is written in the contract somewhere, but having worked for around 10 agencies , I have always been notified prior to any cut off dates about using holiday pay. Infact I would usually get phone calls ensuring that i take it or use it for pay.

Is this actually legal working practice for world an agency? Surely they have to try to notify their employee?

It is not unreasonable to expect workers to read the information provided to them. If the information about the end of the holiday year is in there, and what happens to leave accrued but not taken, then it's not the agency at fault.

I agree it might be 'nice' if the agency alerted you to this, other than in the contract, but they didn't.

seatbeltnoob

you start accuring holiday from your employment start date, it's not something that's given at the same annual date. So I am quite surprised they are able to pull off this stunt.



I would imagine an employment tribunal would find in your favour.


Also, you only started working for 4 months , lets say June 23rd. They decided to write off all unused holiday on 30th Steptember. Shouldn't they give some time to claim the holiday pay (or time off) before they cancel it.


Like on 30th September they should cancel all holiday accrued until 30th June. So you have 3 months to redeem your holiday. It just seems really sketchy to just cancel all accrued immediately on 30th september. How on earth do you actually go on holiday for the days you've earnt holiday for working in September? You have no time to use that holiday entitlement and you just have to take the money.

Comms69

seatbeltnoob wrote: »

you start accuring holiday from your employment start date, it's not something that's given at the same annual date. So I am quite surprised they are able to pull off this stunt.



I would imagine an employment tribunal would find in your favour. - on what basis?


Also, you only started working for 4 months , lets say June 23rd. They decided to write off all unused holiday on 30th Steptember. Shouldn't they give some time to claim the holiday pay (or time off) before they cancel it. - They did. June to September.


Like on 30th September they should cancel all holiday accrued until 30th June. So you have 3 months to redeem your holiday. It just seems really sketchy to just cancel all accrued immediately on 30th september. How on earth do you actually go on holiday for the days you've earnt holiday for working in September? You have no time to use that holiday entitlement and you just have to take the money.

No idea what' you're talking about. As long as the opportunity to use leave exists, there is no other issue.

getmore4less

MovingForwards wrote: »

It will be in the T&C's you agreed to when signing up with them, have a look through the handbook either the paper copy provided to you or on their website.

My old agency did January to December for holidays.

This.

You need to ask them where it says the holiday year is Oct-Sept if you can't find it in the documentation you were provided with.

If it has happened to a few of you and you have been working for the same client I would be in discussion with them about the agency they use.

74jax

seatbeltnoob wrote: »

you start accuring holiday from your employment start date, it's not something that's given at the same annual date. So I am quite surprised they are able to pull off this stunt.

I would imagine an employment tribunal would find in your favour.

Also, you only started working for 4 months , lets say June 23rd. They decided to write off all unused holiday on 30th Steptember. Shouldn't they give some time to claim the holiday pay (or time off) before they cancel it.

Like on 30th September they should cancel all holiday accrued until 30th June. So you have 3 months to redeem your holiday. It just seems really sketchy to just cancel all accrued immediately on 30th september. How on earth do you actually go on holiday for the days you've earnt holiday for working in September? You have no time to use that holiday entitlement and you just have to take the money.

I don't know what you mean? Every company has a start and end date for accruing holiday. Our company works on use it or lose it. Why is that sketchy?

General_Grant

74jax wrote: »

I don't know what you mean? Every company has a start and end date for accruing holiday. Our company works on use it or lose it. Why is that sketchy?

The law does not require companies to have a specific year for everyone - it can be on an individual basis. It is, however, true that most companies do have a company holiday year as it is generally easier to keep track of things from a company perspective.

ableandy

I would bring it up with the company you are tasked to work for.

They have paid the agency money to cover your holiday pay, it sounds like they are making an extra profit at your expense.

This happened to some agency workers of mine and when I raised it with the agency and said if they do not refund the money then they need to return it to me as I had paid them the money. Very quickly they paid the staff the money they were owed.