Agency workers holiday pay

Shinnie

Hi, I was furlough with an agency for chefs, which I have worked for since Sept 2019,..... My last shift was 15th march, my ist furlough payment was 7th May, 2nd was 6th June, 3rd was 16th July and have been told my last 1 is 14th August, they've said in an email it's been 5 month furlough and as from 1st of August the rules change and they can no longer provide furlough, I still think they owe me a month's furlough, however my holiday pay is paid along with my hourly rate, they paid me holiday pay my 1st furlough then with not even a days notice deducted it from my next, so badicsly it was double, amounted to jst over £400,........i have been questioning this for ages, hmrc & cab have said we should be paid holiday pay,........ My agency said " as my holiday pay is paid along with hours worked & moneys earned I have no case,...... I beg to differ, I am still employed and being paid on there sums I mite add through governments Jrs,.......... I think they have been given the funds based on our hourly rate,...... Our hourly rate incorporates our holiday pay,......... Please can someone clarify all this for me, as wee feel were being ripped off
Many thanks
Vinnie

poppy12345

See link. https://www.gov.uk/guidance/holiday-entitlement-and-pay-during-coronavirus-covid-19

SXX

Furloughed agency workers

The CJRS does not alter the position as to whether or not agency workers, including those working through an umbrella company, are entitled to accrue holiday under the Working Time Regulations and / or under their contract.

Accrual of holiday during furlough

Where holiday rights exist under the regulations, they remain unchanged when workers are on furlough. Where agency workers are engaged under a contract of employment which sets out their entitlement to holiday, that is 5.6 weeks or more in accordance with the regulations, their contract will continue to operate as before and they will continue to accrue holiday on furlough as they would normally when between or otherwise not working on assignments.

Some agency workers on a contract for services may not be entitled to the accrual of holiday or to take holiday under the Working Time Regulations while on furlough because they are not workers or treated as workers under those regulations when between assignments or otherwise not working on assignments. Contracts may nevertheless include holiday provisions which will continue to operate in the same way as they did prior to the furlough period.

HERE IS THE LINK 

https://www.gov.uk/guidance/holiday-entitlement-and-pay-during-coronavirus-covid-19#furloughed-agency-workers