** PLEASE HELP ** Hays recruitment not paying me for holidays
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zzz888
Posts: 2 Newbie
I have been working on a 4 month temp contract with Hays recruitment, in my contract it states I am on PAYE, and that I get paid for an holidays I take because I accrue holiday hours as I should have been deducted a rate every week out of my pay .
My holiday hours weren’t accruing on the online portal system after a few weeks of working on this contract so I queried this with the agent from hays I was told I will be getting paid my holidays and how the holiday accrual works, and I was told to wait a little bit and I will see this holidays update on the online portal, 2 weeks later I contacted the agent again because my holiday allowance still wasn’t showing online and I wanted to book a holiday before Christmas, I clarified again that I definitely will be paid for my holidays, the agent said she will look into It and told me to wait till nearer Christmas and my holidays will definitely update again , I asked on 1 more occasion to be told the same.
I go on holiday on Friday so thought I’d clarify 1 last time why my holidays still weren’t being displayed on the portal, the agent told me to ring payroll, so I did and I was told that there must have been a mix-up, basically payroll should have deducted a percentage of my wage every week so this could have been saved up by them as holiday entitlement, I was told by the agent she will resolve this and it is really bad what has happened. Turns out this can’t be resolved and a week before taking nearly 3 weeks holiday before Christmas I’m not going to be paid for my holidays due to payrolls mix up and the agent not setting me up correctly!
Surely this can’t be allowed, after it states in my contract I should be paid for holidays, I would never have booked this holiday if I knew I would not be paid over Christmas. I’m looking for advice on where I stand with this? Any help would be greatly appreciated.
thanks
My holiday hours weren’t accruing on the online portal system after a few weeks of working on this contract so I queried this with the agent from hays I was told I will be getting paid my holidays and how the holiday accrual works, and I was told to wait a little bit and I will see this holidays update on the online portal, 2 weeks later I contacted the agent again because my holiday allowance still wasn’t showing online and I wanted to book a holiday before Christmas, I clarified again that I definitely will be paid for my holidays, the agent said she will look into It and told me to wait till nearer Christmas and my holidays will definitely update again , I asked on 1 more occasion to be told the same.
I go on holiday on Friday so thought I’d clarify 1 last time why my holidays still weren’t being displayed on the portal, the agent told me to ring payroll, so I did and I was told that there must have been a mix-up, basically payroll should have deducted a percentage of my wage every week so this could have been saved up by them as holiday entitlement, I was told by the agent she will resolve this and it is really bad what has happened. Turns out this can’t be resolved and a week before taking nearly 3 weeks holiday before Christmas I’m not going to be paid for my holidays due to payrolls mix up and the agent not setting me up correctly!
Surely this can’t be allowed, after it states in my contract I should be paid for holidays, I would never have booked this holiday if I knew I would not be paid over Christmas. I’m looking for advice on where I stand with this? Any help would be greatly appreciated.
thanks
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Comments
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Unfortunately it looks like what they've done is actually paid you for your holidays already within your hourly rate rather than making the deductions that they were supposed to make, so not sure there is much that can be done. You can raise a complaint but I'm guessing the lack of money is the main issue for you here, which by the sounds of things you're not going to get any joy with because they have in effect paid you in advance for your holidays.
Hopefully somebody more knowledgeable will come along and be able to clarify things & hopefully have some good news.0 -
Did you not get overpaid on your hourly rate then? As far as I know for example £10 per hour is £11.20 if they choose not to deduct for holidays. I can see why they do it with temping as you are likely to get 'natural' holidays between contracts and not work all year anyway. But your hourly rate should have been clear, so if they haven't deducted it you would see it as an overpayment on your hourly rate. Assuming they gave you payslips or some sort of record of what you were being paid.0
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Hello
yes basically i have been paid too much hourly throughout this contract, i only found this out yesterday i have been told throughout that i will be paid for my holidays, they said basically the agent has set me up as PAYE with holidays but not informed payroll to deduct the percentage so i have been told for 4 months that i will be paid holiday and now i have been told i wont, just wondered if anyone else has had this experience and if anything can be done.
thanks0 -
You noticed that the holidays were not accruing - did you not also notice that no deductions for holidays were being made from your wage? All deductions should have been stated on your wage slip.0
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Hello
yes basically i have been paid too much hourly throughout this contract, i only found this out yesterday i have been told throughout that i will be paid for my holidays, they said basically the agent has set me up as PAYE with holidays but not informed payroll to deduct the percentage so i have been told for 4 months that i will be paid holiday and now i have been told i wont, just wondered if anyone else has had this experience and if anything can be done.
thanks
Problem is, you have already been paid for those holidays, in your normal wages over the last 4 months. You've already said that you were paid too much hourly on the contract, did you bring this up with payroll as well when you contacted them about your holidays not accruing? As I said previously, you have been paid for the holidays, just happens to be that you've been paid in advance for them because they haven't made any deductions from the last 4 months wages. Hays have made a mistake which is unfortunate, but they have paid you your holidays, so legally haven't done anything wrong and I can't see them doing anything other than apologising for their mistake.0 -
Too late now as you have actually had the cash but you should remind hays that rolled up holiday pay is actually illegal and should only be paid to you when you are actually on holiday from work or finish a contract.0
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The op may not have noticed that no holiday pay was being deducted as not all agencies work that way.
I have worked for 5 different agencies over the last5 years and not one deducted money to pay for holidays.
They all worked on the principle that the difference between what they paid me and what they billed the client would include the 12.07% accrued holiday pay.Never Knowingly Understood.
Member #1 of £1,000 challenge - £13.74/ £1000 (that's 1.374%)
3-6 month EF £0/£3600 (that's 0 days worth)0 -
It's common practice for agencies to give you the choice when temping. I can see why it would be presumed to be illegal, but I'm thinking it must be allowed otherwise they wouldn't all be doing it.0
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Moneysaver199 wrote: »It's common practice for agencies to give you the choice when temping. I can see why it would be presumed to be illegal, but I'm thinking it must be allowed otherwise they wouldn't all be doing it.
It is legal - but only in limited circumstances.0 -
All the agencies I worked for up to a year ago, would simply pay you whatever hourly rate, and tell you the holiday pay % which was included in that.
Needless to say, it meant that I earned a lower hourly rate this way.0
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