Furloughed agency worker holiday dispute

themonk69

I am an agency worker that was furloughed, it was ended at the end of June. The agency are telling me I am not entitled to any accrued holidays. They have quoted a term in my employment contract as to why I am not entitled to holiday pay. The problem is that the quote they have used isn’t in my actual contract, it seems it’s from a different version of the contract, not the one I signed and returned. In doing lots of research there are conflicting articles whether or not agency workers actually do accrue holidays while on furlough. I can’t see anything in my contract that would stop me accruing holidays.  I’m hoping that somebody could help me out with this, I’m getting ignored by the agency now, the department I need are apparently all working from home and only contactable via email.  

Many thanks 

SXX

themonk69 said:

I am an agency worker that was furloughed, it was ended at the end of June. The agency are telling me I am not entitled to any accrued holidays. They have quoted a term in my employment contract as to why I am not entitled to holiday pay. The problem is that the quote they have used isn’t in my actual contract, it seems it’s from a different version of the contract, not the one I signed and returned. In doing lots of research there are conflicting articles whether or not agency workers actually do accrue holidays while on furlough. I can’t see anything in my contract that would stop me accruing holidays.  I’m hoping that somebody could help me out with this, I’m getting ignored by the agency now, the department I need are apparently all working from home and only contactable via email.  

Many thanks 

This is an extract from the Govt Guidance and below is the link to the full guidance - hope it helps

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

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

Bassetlaw_Badger

Hi, I'm in exactly this position myself. The line I'm getting quoted is this:

" 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."

To be honest - I have no idea what this means, let alone argue it effectively.