Not worked long enough to be entitled to holidaypay.

[Russe11]

I have just been told on the phone that I did not work for a agency long enough to be entitled holiday pay......

 

Obviously this is not correct or is it ?

[Ell-enn]

Hi there, how long did you work for the agency?

 

Kind Regards

 

Ell-enn

[Weird Al Yankovic]

From what I understand everybody is entitled to holiday pay and it accrues from day one.

 

Even if you just worked one day, or part there of, you will still be entitled to holiday pay as a % but I doubt whether this would amount to much!

 

Call ACAS.

[Russe11]

Yeah, so thats what they have been told.... have to wait for them to look into it, they have till friday - been on going now for ages.

[sallysas]

I believe agency workers are entitled to public holiday pay. Certainly from April 2009 all workers will be entitled to a statutory minimum of 28 days paid annual leave and this is stated in the Working Time (Amendment) Regulations 2007. I will see what I can find out about now. I suspect this regulation has been brought in by the european court which is where a lot of employment law comes from.

[sallysas]

Your entitlement increased from 4 weeks to 4.8 on 01/10/07 (assuming you work 36.5 hrs weekly). It increases on 01/04/09 from 4.8 to 5.6. There is however no statutory right to paid leave on bank and public holidays. Don't know about length of service, but it appears to be irrelevant IMHO.

[cal37]

You accrue holiday entitlement from day one. So you should be paid a % of the time yopu worked as holiday pay.

[shywazz]

There is one agency that i am aware off and worked with once upon a time, that pays alittle extra per hour that encludes the holiday pay, so when it comes to taking a holiday, there don't pay you for that period, as you have already been paid it in the hourly rate.

[Ell-enn]

That sounds like "rolled up" holiday pay which was made illegal in March 2006.

 

The dti website states:

Who is entitled to paid annual leave?

 

The entitlement to paid annual leave, including the right to compensation payments for untaken leave when you leave your job, begins on the first day of employment.

However, the employer can optionally use an accrual system whereby during the first year of employment the proportion of the leave which may actually be taken (with the employer's agreement) builds up over the year. The amount of leave which may be taken builds up monthly in advance at the rate of one-twelfth of the annual entitlement each month.

For example:

• A full-time worker who is in his or her third month of employment would have built up 5 days' leave. (The current annual entitlement of 20 days multiplied by 3/12 equals 5 days).
  
• A part-timer who works three days a week and is still in his or her first month of employment would be able to take one day's leave. The annual entitlement of 12 days (four weeks times three days a week) multiplied by 1/12 equals one day.

Requests to take leave in the first year are subject to the same notice requirements as any other leave: see section below Giving notice to take leave.

At the end of a period of employment a worker will be able to claim for payment in lieu for any leave outstanding, calculated on a pro rata basis from the first day of the leave year or employment to the last day of employment, irrespective of how long that period may be in the current leave year.

An easy to use ready reckoner table is also available for the more straightforward scenarios at:

Holiday Entitlement Ready Reckoner - BERR A number of Frequently Asked Questions are covered at:

Holiday Entitlement - BERR

 

Hope this is helpful

 

Kind Regards

 

El-enn

[Russe11]

Yeah its all good, know about advanced/rolled up holiday pay... but thats not the case. Hopefully i'll get a return call tomorrow, but not banking on it.

[Guest Gertie100]

Keep us up to date cos I am interested in this - when I worked in recruitment we would offer our temps holiday pay after they had worked with us for a continous period in order to accrue the pay - has this changed?

We had so many people thinking they could take a week's paid holiday after working 2 days for us (and nothing else I might add!!)

 

Russe11 - how long did you work for them?

[Ell-enn]

Russe11 - how long did you work for them?

 

That was my first question on the thread - it obviously makes a big difference as to what the op's entitlement is.

 

Kind Regards

 

Ell-enn

[Russe11]

It went from you have no entitlement to any holiday pay what so ever, to I have some how managed to accrue a "days worth according to the computer".

 

When I question how I mangaged to "accrue this holiday" when a few days ago I was not entitled to it so I would not of been accruing any as such..... there was a long pause and I was told its payroll that deal with that(I did ask to speak to the payroll dept, but of course there was no one availible at the time, LOL)

 

I personally think its digusting practice that large employment agencies try this sort of thing on istead of not just following employment law.

[Russe11]

Sorry, but thats not the end off the matter..... OH NO !

 

 

When I checked my account to find they had made no payment of the money I was owed I was on to them on the phone today, they have now changed stance and claim they paid me the holiday weeks ago (not having my account details to hand, I could not be 100% that this was not the case).

 

Now checking my account on the specified date they claimed to of paid me there is no corrasponding transaction on my account.... This is now starting to get me really quite peeved

[Russe11]

Ended with a text message saying I will be paid the next week after lots of calls, got some money so thats sorted....

 

However I have been sent a p45 with all values being 0, assuming that the information on the said documnet should corraspond to the earnings and deductions whilst employed, surely they are not allowed to do that ?

[jedimaster]

take your p45 to your local tax office they will deal with it for you

[sallysas]

If you are a member of a union they would be able to take this matter up for you.