Hello,

I have been working with an agency over the last year and have been paid £65 a day working 5 days a week in a school. I have just been given holiday pay at lower rates of pay (∼£60 per day for one week and ∼£50 for the next).

I've looked into this and to calculate how much pay you get on holiday they look at your average pay over 12 weeks disregarding weeks off (which I would of had for half term). I worked for 2 days on the last week because the term finished on a Tuesday. Is this why Im being paid less as it bring down the average? if so is this fair? Its not my fault I couldn't work the rest of the week. Surely they should take an average of a FULL working week.

In addition: I just made the calculations and as suspected they have included that week were I only worked two days AND for the second week they have included a week totally unpaid (the week before where I got holiday pay) which is why it goes down to £55. However the law states that they can only count weeks where the employee has been PAID.

Where do I stand legally on this and who can I speak to about it? My agency aren't budging at all!

Hello and welcome to CAG.

I'm sorry you haven't had any replies yet. Weekends are always quieter here, but the forum guys should be along soon.

My best, HB

Thanks HB, Can anyone help with with this?

I have had some dealings with agency staff and holiday pay. The agency I employed staff from had the holiday time clearly stated on the contracts and on the work sheets. So as they worked the hours required, they built up holiday time. So it should be made clear to you what your entitlement is in hours and this should be at whatever the hourly rate you are paid. Although you are paid per day, this should be based on what the hours will be.

Have you seen this link.

https://www.gov.uk/holiday-entitlement-rights/entitlement

If you click on next within the link, there are contact details for ACAS. They are worth phoning, as they will know all the current rights in regard to Agency workers.