Holiday pay

[psy84]

Hi all,

 

I'm hoping some of you could offer me a bit of advice regarding unpaid holiday pay.

 

I started work on 18th January 2010. The job is with a multi-national company however I was took on by an agency and offered a minimum 2 years work. The job involves very heavy lifting and at the beginning of October I attended A+E with severe pains in my neck and shoulder. The doctor said I had an impingement in my shoulder and would probably require surgery.

 

I sent a sick note into work but received a call from my boss the following day saying she didn't think the job was for me and that it's best that I didn't go back. I officially left on 5th October 2010.

 

Between 18th January and 5th October I took two days holiday. I received my final wages on 8th October but didn't receive any holiday pay. I phoned work to ask about this but was told there was no-one available to speak to. This happened every time I phoned so I wrote to them on 15th October but have so far had no response.

 

I have a couple of questions:

 

Firstly, just to confirm, am I right that I'm entitled to holiday pay for the holidays that I'd built up between my start date and leaving date, even though I am only an agency worker?

 

Secondly, if I am entitled to holiday pay, what should my next step be?

 

Thanks in advance.

Edited November 5, 2010 by psy84

[honeybee13]

Hello snd welcome to CAG.

 

Who is your contract with please? I would imagine they're responsible for your holidays. The legal minimum is 28 days a year including bank holidays. I'll see if there's a calculator I can post for you.

 

HB

[honeybee13]

Me again. I should have added that the 28 days assume you're full time. This is what directgov says about agency workers.

 

We've had several threads recently about unpaid holiday pay. Ill post a link to one of them so you can have a read. I hope your shoulder is better soon. A friend has the same thing and it's painful, I know.

 

My best, HB

 

Agency workers

 

If you are an agency worker, you are entitled to the statutory minimum leave entitlement. Your agency must allow you to take your paid holidays.

 

• Using employment agencies
  

[honeybee13]

Here's a thread for you to read. I think Sidwinder's posts about what to do should help you.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?276517-Havnt-been-paid-for-holiday-again./page2&highlight=holiday+pay

 

My best, HB

[psy84]

Hi honeybee, thanks for the welcome and for the replies.

 

If I send a letter before action do I need to state the figure that they owe me? I know you said that you'll try to post a calculator but how do I work out the figure? I've been reading online about it but I'm still not completely sure how to do it. It says to calculate the amount by finding the average wage over the last full 12 weeks pay that I received. Does this include overtime?

 

Overtime was compulsory for me so I often had to do 2-4 hours overtime a day and this happened a lot so my wages varied from week to week.

 

Also, my contract was with the agency.

 

Thanks again for your help.

Edited November 5, 2010 by psy84

[honeybee13]

Oooh, sorry. That sort of maths is beyond me. I'm sure someone will know. Please bear with us as people have day jobs, but hopefully someone will be along later.

 

My best, HB

[SarEl]

You do not have to state the actual amount that you are claiming but you do have to be able to identify what it is that you are claiming - so the number of days holiday pay that is owed. But overtime is not included in your daily rate - you should have a statement of the hourly rate / day rate and hours of work in the original contract or on your wage slips.

[psy84]

Thanks for that, that's a big help.

 

The only problem is I worked a 6 day week so Staturday was part of my normal working week at £7.03 an hour compared to £6.25 an hour for Monday-Friday. Does this complicate/affect how the holiday pay is calculated?

 

Thanks again.

[SarEl]

No. You are entitled to 28 days per year (including bank holidays) regardless of how many days you work. It would appear - but your would have to check your contract, that Saturdays were paid at an enhanced rate and the hourly rate is £6.25, which is the one that should be used. Obviously since I don't know your exact terms, I can't swear to that, but that is how it appears based on what you have said.

[psy84]

Thanks very much for your advice, it's been a big help. I'll get on with sending the LBA and hopefully get this sorted soon.