Holiday Pay for Temp Workers

jonnywoods

I have been on a temporary contract with my employer for 7 months, only getting paid for the hours that I do. In August, I secured a permanent contract with them.
My question relates to how much holiday pay I am entitled for the last 7 months. From what I can find online, temps are entitled to 28 days pro rata, so I believe I should be owed roughly 16 days. However, my employer is offering me 11 days, stating that they only give temps 20 days holiday per year.

Am I being wronged here?

oh_really

The employer can state whatever they want however the fallback position is statutory provision.
What do permeant employees get?

jonnywoods

Permanent employees start off at 20 days holiday, but get bank holidays on top of that (so basically 28). 

As a temp, on bank holidays I haven’t been paid anything. 

MinuteNoodles

The statutory provision is 5.6 weeks a year and that applies whether you're agency, a temp, a part timer, whatever. Where your hours are varied the pay due being calculated as the average of the previous 12 weeks when any pay is due. That was recently changed to 12 months as the 12 week rule penalised seasonal workers.

One problem you have is the holiday year. There is no automatic entitlement to carrying over unused holidays from one year to the next. Companies do holiday entitlement years typically Jan-Dec, April-Mar or 6th April-5th April. If their holiday entitlement year follows the financial year or runs April to end March then you've lost any holiday you had accrued from starting until the end of March/5th April.

jonnywoods

Thanks! Holiday runs jan - Dec so I’m fine there. But I am correct in thinking they don’t get to choose to only pay temps 20 days holiday then? If the 5.6 days is law, then they owe me 16 days rather than 11. Cheeky buggers. 

MalMonroe

Were you employed directly by your employer or through an agency?
It appears that you were just being employed temporarily by this one employer. Have you been working full time?
Government guidelines state :  Paid annual leave is a legal right that an employer must provide. If a worker thinks their right to leave and pay are not being met there are a number of ways to resolve the dispute.
You may also find this useful:  https://www.gov.uk/holiday-entitlement-rights

jonnywoods

MalMonroe said:

Were you employed directly by your employer or through an agency?
It appears that you were just being employed temporarily by this one employer. Have you been working full time?
Government guidelines state :  Paid annual leave is a legal right that an employer must provide. If a worker thinks their right to leave and pay are not being met there are a number of ways to resolve the dispute.
You may also find this useful:  https://www.gov.uk/holiday-entitlement-rights

There was no agency. I was just employed by the business

oh_really

Given the state of play, why do you want to invest yourself here, this should focus your attention in moving on unless there is a win in this place for you.

jonnywoods

oh_really said:

Given the state of play, why do you want to invest yourself here, this should focus your attention in moving on unless there is a win in this place for you.

Sorry, you’ve lost me. I have no idea what you’re saying here