My partner is an agency worker for the same agency company, been there for 3 years and in all fairness never had a problem well apart from one about time sheets but thats a different story.

He applied for a 12 day holiday 3 months ago, filled out his holiday form and sent it in which they confirmed they had receieved by telephone.

He has just ended his 12 day holiday only to find £81 pay in his bank account when he telephoned them to see what is going on as that was one days pay they replied with they hadn't recieved his holiday form.

Now they say he has to fill in another one tomorrow and he will be payed friday on his usual pay day (weekly pay) but this is not on we have £81 to last us a week which is hectic this is bill week which loans and everything come out of the bank and now we haven't got the money to pay it so we will end up with charged which the agency should pay because its their fault we done our part.

Is this legal for them to do this

Thanks

Someone please help

You need to phone them up and tell them the date and confirm the conversation you had confirming receipt of the holiday form.

I am sure they are aware he is on holiday - it would show on their computer programme.

I think this is unlawful as they legally have to pay you holiday pay. Insist on a CHAPS transer (the money will hit your account today) and tell them that they are operating outside of REC guidelines and you will make a formal complaint to both the REC and ACAS.

the agency would have to be a member of REC in first place.

Yes the agency should pay today, and if charges are incurred they will have to pay those as well

Thankyou for replying, we will get on to them

Hi. Sorry to but in, but I have a question about agency workers that I hoping someone can answer.

My niece has just a had a baby and her partner works for an agency. He has only worked there since November. They have told him he is not entitled to paternity leave - paid or unpaid, and no holiday pay either.

Their baby is not very well and my niece will need some help when they bring him home from hospital. They cannot afford for him to be off with no-pay & a chance of losing his job.

Any help would be great

Thanks

Everyone including agency workers are entitled after april 2003 to have 2 weeks paid paternity leave of I think about £100, apart from that there is the 13 weeks unpaid until the child is 5 I think

Taz,

thanks for this, but does it make a difference that he has only worked there since November, and also where can I get proof of this in writing so he can take it into work.

Everyone including agency workers are entitled after april 2003 to have 2 weeks paid paternity leave of I think about £100, apart from that there is the 13 weeks unpaid until the child is 5 I think

Paternity leave has to be arranged in advance, think it is 15 weeks before the baby is due you have to notify employer of babies due date and amount of leave time wanted. minimum period of employment to qualify is 26 weeks.

Parental Leave, only available when worked for your employer 12 months or more.

Emergency time off for dependants, only for employees under a contract of employment ( most agency workers do have contracts of employment with their staff) *This one would seem the most likely to be claimed in this instance

Holidays -All workers are entitled to paid leave, at the moment it is a minimum of 20 days, this could include Bank Holidays (soon to be changed) Agencies will usually only allow the amount of time that has been accrued, normally worked out at approx 1.6 days per month worked. so if has worked nov-june, 7 months, he has about 11 days paid holiday due!

excellent link for further info Time off, maternity and other parental legislation - DTI

Another useful link

Employment Agency Standards - DTI