Holidays have been unpaid - need advice before Monday please!

Conor_3

RubyShoes wrote: »

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.

No, THATS HOW PLACES WHICH ALLOW YOU TO TAKE YOUR ENTITLEMENT BEFORE YOU'VE ACCRUED IT WORK.

I've put that in bold because it's important. I do not know of one single agency who pay you for holiday you've not already accrued due to the ballache of trying to get the money back if they leave and have no wages due.

At the end of the day, you're wrong. He wasn't due any holiday pay for those two days because 1) They don't pay holiday pay you've not accrued and 2) He'd only built up a weeks worth which is next to sod all.

Think yourself lucky. I know many agencies who wouldn't have paid him his outstanding holiday pay from the previous year if he'd not taken it.

It's got sod all to do with agencies abusing employees, not fulfilling their legal obligations or anything like that because that's not what is happening. They, quite rightly, do not pay holiday pay in advance (they're not legally required to) and you seem completely unable to get your head round that for reasons I can't work out.

I think you need to get off your high horse and realise that things work a little differently for temp staff and if it's a problem, perhaps you should get him to go sign on whilst he looks for a permanent job.

RubyShoes

Conor - what ever your problem is, could you please refrain from taking it out on here.

This site is for advice. I am grateful for the actual advice you give, but you are coming across as agressive in your posting. Perhaps, you don't realise that, after all, text is hard to interpret. So I just thought it would be polite to point it out to you.

Anyway...

Having managed to download his manual through the Union website, I am now clearer on how things work. He can take as much leave as he likes in the leave year... at any point he likes. However they will only pay holiday when its accrued....!!!

Just because thats 'how it is' doesn't mean you have to agree with it? Personally, I find it appalling, that a million workers in this country are treated differently than the collegues that they work along side, who have exactly the same job title, and do the same job role. Yet, the agency workers are being paid less, have less job security etc etc.

So, in other words, his entitlement to 4.8 weeks PAID leave per year, means sod all if he takes it all early in the leave year. So therefore the agency gain... he looses.

He is going to approach them tomorrow, to see if there is a way to sort this out. Hopefully they will be reasonable, and either agree to pay it once he has accrued the leave by this friday. Or they will agree that since they have failed to supply him with a handbook, or any kind of written particulars, that they will come to an an arangement (perhaps give him the 2 days 'leave' back after all, if it was unpaid, they haven't lost by giving it back to him, and just allowing him to have unpaid leave ..)

I now have the worry that the 2 bank holidays in March will not be paid for either, as I dont think he will have accrued enough pay for those either!!! Again, I find that appalling. That will mean 4 days of his leave this year will be unpaid! So they get away with not paying for holidays...? Do you think that is right, Conor? He doesn't have a choice but to not work bank hols... but won't accrue enough leave....

Oh, and I still have the issue that they have failed to pay him for a day that he did actually work. Oh, this is going to be so much fun tomorrow...!

Savvy_Sue

I suspect the issue of not paying him for a day he actually worked will turn out to be as simple as the request for 3 days' leave not having been superseded by the request to cancel it.

Meanwhile, have you been over to the Old Style board to see how to stretch the housekeeping money this month?

RubyShoes

Well, it has all been *hopefully* sorted.

It turns out that his Manager from Manpower lost the holiday request form :rolleyes: :rolleyes: :rolleyes:

She said he will get paid. It should be in his wages this friday. I will ofcourse, update the thread to say whether or not this resolves itself.

I will be very pleased if it does get paid. His MP manager seems to think he should be paid for it..... :j