First Wage slip received with unlawful deductions

[es5595]

At the beginning of this month, I started a new job as a temp through Hays employment agency.

 

In my assignment confirmation it stated ' The Premium Rate (pre-deductions) applicable to this Assignment is £7.00 per Hour for the first 6 weeks. Then following from the 7th week you will then have a pay increase to £8 per Hour'. Nowhere in the assignment confirmation did it mention any more about these deductions so I took them to be tax and NI.

 

I'm not officially on Hay's books. Noone has ever met me in person, they only data they have on me is what I've given them over the phone and I have little information from them. No full contract beyond the assignment confirmation, and I have neither seen nor signed any applicant details forms, T&C forms etc.

 

Basically, I was offered an interview over the phone just before Christmas, accepted the job, and started just after Christmas. In between, they handed me from the initial consultant who sent me to the interview to another who seems enthusiastic but little else.

 

Since starting work with my new employer, they have now requested me to attend their offices with my passport, NI number etc. Which, since I'm working full time I'm unable to do! They have also not sent me a P46 or any other paperwork to my home address, it has all been conducted via email.

 

They failed to provide me access to their payonline system until a week ago, so despite supposed to be being paid weekly this is my first wage slip since starting. I have just received my wage slip which covers the past three weeks and I am rather unhappy that for each weeks pay, I have a 10.7% deduction from it labelled 'Hol Pay Ded'n'. NI and Tax are then taken out on top of this.

 

Does anyone know what this is? I have not heard of it before. Am I correct in thinking that this would count as an unlawful deduction under the employment act? What should my next step/s be?

 

Thanks.

Edited January 29, 2010 by es5595

[MaxxPower]

It sounds like a typical agency Holoday pay deduction. Basically, they take a part of your wages each month/week and set this aside. When you take a holiday, this is given to you in the form of holiday pay. If there's any leftover at the end of your contract, then you get all of it back in a lump sum.

 

Usually this is optional so you can probably contact Hays and ask for it to be removed and they'll stop deducting it. Of course that then means any holidays will be unpaid.

 

It's all down to personal preference really.

 

It doesn't count as an unlawful deduction, it's a standard agency/umbrella company thing for contractors which most do as standard unless you ask them not to.

[elpulpo]

Sounds like 'rolled up holiday pay' to me, which is unlawful if they haven't been entirely transparent about doing so from the outset.

[AaronM]

I agree it does sound like rolled up holiday pay, but a funny way of doing it! I would raise the question and see what their response is.

[Surfer01]

As a temp you are entitled to paid holidays even after a month,i.e. for every week worked you get .25 days paid holiday!

[elpulpo]

As a temp you are entitled to paid holidays even after a month,i.e. for every week worked you get .25 days paid holiday!

Why not 2.3 days a month?

[Surfer01]

Maybe you never noticed that I inserted (i.e.) which means "for example" just in case you missed it. On the other hand you may not be employed for a full month hence the week's example.

[elpulpo]

Maybe you never noticed that I inserted (i.e.) which means "for example" just in case you missed it. On the other hand you may not be employed for a full month hence the week's example.

Admittedly I didn't notice, Surfer, that you'd said 'a week' not 'a month'.

Still don't agree though. 28 days p.a. (on the basis of a 5 day week, which I presume you're working on) divided by 52 weeks = 0.54 days leave accrued per week.