As this affects my direct family i'll ask for advise as you can't keep a clear head when it is personal in my experience.

I have not checked the full details yet but here is the issue

Mrs A works for a business via an employment agency, she has done so for over a year with sporadic gaps usually of a day here and there between work being allocated, it's the same work day in and out and she is paid the same as the employed staff from day one.

The agency wrote to Mrs A a couple of weeks ago stating they must take all leave within the next couple of months or lose it, the actual employer has told the agency staff who are numerous that none of them can have any leave over this period.

For me not only is this tacit collusion here as both agency and employer are aware of the leave ban but also a clear breach of the WTR.

That said, Mrs A tells the agency and employer you grant my leave or i take legal action (nicely), both the employer and the agency dispense of Mrs A soon after.

hence the conundrum

Is there really anyway to resolve this without risking no work due to the person having very few actual rights, and those are the ones being ignored.

Opinions?

how many days are you debating over?

what did the original agency contract say about holidays?

Who is the employment contract with - presumably the agency?

Once you've identified who the employer is, a dismissal for claiming a right under the WTRs is an automatic unfair dismissal (see http://www.legislation.gov.uk/ukpga/1996/18/section/101A). This type of unfair dismissal is exempt from normal the 2-year service requirement. Ultimately, if a dismissal is made and you can prove this was the reason, Mrs A could open an employment tribunal claim.

Unfortunately that won't help with the 'no work' problem. I'm not sure how you'd address that. Check it is not a miscommunication between the business and the agency first - I imagine the agency will want to make sure that people are able to take holiday, otherwise they run the risk of being sued, the two sides need to talk to work this out.

I bet the company wants the agency to provide continuous (holiday) cover but the agency cant or wont and is passing the buck on to the workers, who it owes a duty to and is threatening them if they demand their statutory rights.

The argument is with the agency.