Holidays have been unpaid - need advice before Monday please!

RubyShoes

LittleVoice - he is aware of the things I posted because he has been informed of these by Manpower (ie. holiday year). I know he hasn't recieved a statement of particulars, but he is positive about the when the leave year runs from and to.

RubyShoes

LittleVoice wrote: »

If they paid him for holiday not taken, then I think they are breaking the law!

If he is taking time off for sickness, do the days link according to SSP rules?

Really? I think they paid him for 5 days. He had accrued 12 days, but taken 7 over the christmas period due to the shut down.

The days don't link unfortunately :rolleyes:

LittleVoice

I'm not continuing to question when the year runs. Though my post (#10) follows yours, it was being prepared without having seen your post (#9)!

chrisbur

LittleVoice wrote: »

If they paid him for holiday not taken, then I think they are breaking the law!

If he is taking time off for sickness, do the days link according to SSP rules?

Unfortunately if he is only taking single days off sick they do not count as a PIW, and only PIWs link. To form a PIW you must be off work sick for at least four days in a row, though they do not have to be days you normally work.

Conor_3

The bottom line is he hadn't accrued enough leave in a week. There is no problem other than the one that's in your head. !!!!!!, he's not even done a full month for this leave year.

Manpower are one of the better agencies and do pay holiday pay without grief. I've worked at many agencies over the past 16 years nd there's only a handful I've never had any holiday pay issues with and Manpower is one of them.

As for the wage differences between him and the firms employed staff...he's employed by Manpower, not the place he's sent to so that's completely irrelevent.

RubyShoes

So Conor, are you saying that he shouldn't be entitled to any leave in the month of February?

That just sits wrong when I think about it.

Yes, I understand leave is accrued in some places. However, if he is on a permanent contract, then if he leaves, and has taken more leave than he is entitled to, then they take it out of his final pay? Thats how most places work.

By the way, interesting read on agency workers rights... seems that its a bit of a political subject at the moment - http://www.cwu.org/news.asp?step=3&NID=1941
and:
http://www.cwu.org/default.asp?step=8&CamID=22

Quoted from it -

“It is unacceptable in our successful economy to discriminate against workers in the same employment on grounds of whether they are permanent or temporary or agency employees. This division of the workforce provides unwelcome opportunities for discrimination and leaves these vulnerable employees unable to access financial services which their permanent colleagues enjoy. Andrew Miller’s bill provides legal recognition of this and will guarantee fairness and justice for all workers in all sectors."

RubyShoes

I should also add that if he has no contract - how would he know if they work on an accrued leave basis?

Surely when he requested leave, he should have been advised that he didn't have enough leave accrued?

cazziebo

Manpower is one of the better agencies, to echo Conor's post. Manpower have always given temporary employees full employment rights, and have always paid holidays way before it was law to do so. They are also one of the very few agencies to recognise and work with unions.

I would be very surprised if he didn't receive a statement of particulars - it's standard practice. It used to be a small blue book with a personalised contract in the cover given when the person registers with the agency.

Check that all the procedures have been followed. Was holiday pay requested for the days absent? Is there enough holiday in the bank to qualify?

If your OH is sure he has followed the correct procedure and had been done out of holiday pay then raise a grievance. The procedure to do this is described in the blue book. If he doesn't have the book then he can write to the branch manager, and keep a copy of the letter. If he wants to take it further he could write to the agency head office - I think Manpower's is in London but should be found on the website.

Conor_3

RubyShoes wrote: »

See, thats part of the misconception. Although he works for an agency, it IS on a permanent basis. He is in one fixed place of work, and its definately permanent.

It isn't. I once did 2 years at Hygena driving for an agency. It was fulltime but by no means was it fulltime and permanent in the same way as working for Hygena was.

Conor_3

RubyShoes wrote: »

So Conor, are you saying that he shouldn't be entitled to any leave in the month of February?

Not at all but any right minded person wouldn't expect to get a paid holiday a week and a half into the new "leave" year when the company do not pay holiday pay in advance and only on an accrued bases.

At most, he'd have earned £20-£30 tops between the start of Feb and the days he wanted to take off w/c 11th.