Are Agency Teaching Assistants entitled to holiday pay

[louboo]

HI,

 

My daughter has been working as a Teaching Assistant for a teaching agency for the past few years and been working at the same school since September last year. She only gets paid for the days she works so during the school holidays she doesn't get paid.

 

My question is, should she be entitled to any holiday pay as she has been employed by them at the same school for the past 7 months and before that a different school for a year.

 

I would appreciate any advice on this.

[Emmzzi]

Hello,

 

is she employed, or self employed? Not always clear.... does she have an umbrella company, for example?

[louboo]

Hi Emmzzi,

 

She's employed by the Teaching Agency who send her on jobs as and when needed. For the past couple of years she has been working in schools which have asked for her for the full school year, otherwise she just waits for them to phone on a daily basis when a school needs a supply. The agency are the ones who pay her wages but not during the school holidays.

[Northernpug]

Anyone who is employed is entitled to statutory holiday entitlement. Agencies are not always quick to inform their employees that they are entitled to holiday pay. I used to work for agencies myself and it was a couple of years before someone told me I was entitled to holiday pay. Your daughter should ask the agency what happens to her statutory entitlement.

[Ethel Street]

Agencies often claim their daily rates include holiday pay.

 

Might be worth asking this question on a more specialised Forum such as the TES Teaching Assistants Forum. It's probably come up there before.

 

https://community.tes.co.uk/tes_teaching_assistants/f/63.aspx

[Northernpug]

Agencies can no longer claim holiday pay is rolled up in the daily rates as it is unlawful hence why I suggest it would be best to ask the agency to explain what happens to the pay for statutory holiday entitlement.

[leonmassey]

All agency workers are entitled to the same conditions as full time employees doing the same job at the same grade once they reach the 12 week point. Eg. Up to 12 weeks they could be entitled to the min 20 days per year but if the employer pays its full time staff 25 days then after the 12 week period the agency workers entitlement will raise in line to the 25 days.