On agency naughty list

sammym:
only did about 10 shifts for them. But it must be worth £50 in holiday pay.

Never crashed. Never was late to a client. Never didn’t turn up. But did take my breaks as legal and then expected to be paid. So out of principle I want my holiday money.

I think you’re way off with your thinking and despite the principle I would just chalk it down to experience and move on.

Rentadent:

sammym:
only did about 10 shifts for them. But it must be worth £50 in holiday pay.

Never crashed. Never was late to a client. Never didn’t turn up. But did take my breaks as legal and then expected to be paid. So out of principle I want my holiday money.

I think you’re way off with your thinking and despite the principle I would just chalk it down to experience and move on.

No way. I did the work for a lower hourly rate than ltd. and I want my holiday pay. I’ll call them on Monday and demand it. If they refuse I’ll be straight back to acas and I’ll let the man know this.

peirre:
I can only think it was a Volvo brom brake button

No it was something more obscure and random. I think off the top of my head it might have been a 7.5t and maybe a Mitsubishi or Izuzu.

The point is that it’s not totally common. When I called the service line the bloke said it was a common problem with people calling and saying it was a breakdown. So much so that they had a special sheet explaining how to rectify it.

I don’t mind things going wrong - and I don’t mind learning stuff. I do mind going to work and them trying to dock my wages. Especially as the person who should have known was sleeping in bed after I’d left my partner at 3.30am to get to work on time.

Conor:

sammym:
Anyway… this agency I was on PAYE. How do I get my holiday money? Should I tell them I’m leaving and ask for a p45? Or just stay on books but ask for all my holiday money. Out of the two agencies these were a pain to deal with - so it’s no great loss. And I’ll probably stick with the one agency who have always treated me really good. A little annoying as that agency had the Stobarts contract which would have been nice when I did class 1.

You either book a holiday or you leave. Their holiday pay year may end at the end of March so you’ll need to take it or lose it. Stay on the books because with Easter coming you may find you get work again. Agencies are usually bereft of work from Jan to March except for those who’ve been there a long time or shown themselves to be good at the job. Usually picks up again from Easter school holidays.

If they agree to let me take my holidays I’ll stay on the books.

As I’ve alluded too - the agency has the stobarts contract which could be useful for me when/if I pass class 1. But I won’t work for £2/3 an hour less and then not have my holiday. That’s nothing more than a liberty. Maybe other agencies have big name contracts - but so far I’ve worked for the crappier end of the market and would be really happy to go to work and know I won’t have to fight with transport if the vehicle is defective. I’m not talking about a sidelight, but arguing about if I should drive back a wagon with defective brakes.

sammym:

Rentadent:

sammym:
only did about 10 shifts for them. But it must be worth £50 in holiday pay.

Never crashed. Never was late to a client. Never didn’t turn up. But did take my breaks as legal and then expected to be paid. So out of principle I want my holiday money.

I think you’re way off with your thinking and despite the principle I would just chalk it down to experience and move on.

No way. I did the work for a lower hourly rate than ltd. and I want my holiday pay. I’ll call them on Monday and demand it. If they refuse I’ll be straight back to acas and I’ll let the man know this.

gov.uk/calculate-your-holiday-entitlement

You should be able to have enough info to use the government entitlement checked to give you an idea of what holiday pay you should be due.

As for the comment earlier of put it down to experience it’s your money no matter how much it turns out to be and you are entitled to it.

I’m emailing them now - will call them on monday. But want it in writing that I am requesting my holiday money.

Cheers guys. Onwards and upwards. For the last few months, I’ve really been learning everything. And I’ve learned that I don’t need to put up with agencies that try and con me out of money. If their client doesn’t pay they should take them to court - not expect me to sub their weakness.

If it had been me coming across this immobilising button which I had not been told about, then the only phone call at my expense would have been to the agency and I’d have left it to them to get hold of the company man at 7 am.My psychic powers come at a financial premium.

cav551:
If it had been me coming across this immobilising button which I had not been told about, then the only phone call at my expense would have been to the agency and I’d have left it to them to get hold of the company man at 7 am.My psychic powers come at a financial premium.

4am. He didn’t wake up til 7 and then called me after a load of texts and voice messages to him.

I got that about a 3 hr delay. They deserve everything which comes to them.

Rentadent:

sammym:
only did about 10 shifts for them. But it must be worth £50 in holiday pay.

I think you’re way off with your thinking

How is he? Holiday pay due on just £500 of wages would be £63.50. If he was doing 10hrs a day at NMW for 10 shifts he’d be due the thick end of £100.

Conor:

Rentadent:

sammym:
only did about 10 shifts for them. But it must be worth £50 in holiday pay.

I think you’re way off with your thinking

How is he? Holiday pay due on just £500 of wages would be £63.50. If he was doing 10hrs a day at NMW for 10 shifts he’d be due the thick end of £100.

Yes, I worked it out as nearer £100, whichever method they use to calculate it, possibly a bit more.

Conor:

Rentadent:

sammym:
only did about 10 shifts for them. But it must be worth £50 in holiday pay.

I think you’re way off with your thinking

How is he? Holiday pay due on just £500 of wages would be £63.50. If he was doing 10hrs a day at NMW for 10 shifts he’d be due the thick end of £100.

Why are you asking me why I thought he was way off with his thinking to then prove me right by suggesting how much you think he’s owed. I just doubt it’s worth the aggro trying to claim it off the agency who have already shown what a bunch of ■■■■■■■■■■ they are by the way they’ve treated him in the past over hours and pay.

Rentadent:

Conor:

Rentadent:

sammym:
only did about 10 shifts for them. But it must be worth £50 in holiday pay.

I think you’re way off with your thinking

How is he? Holiday pay due on just £500 of wages would be £63.50. If he was doing 10hrs a day at NMW for 10 shifts he’d be due the thick end of £100.

Why are you asking me why I thought he was way off with his thinking to then prove me right by suggesting how much you think he’s owed. I just doubt it’s worth the aggro trying to claim it off the agency who have already shown what a bunch of [zb] they are by the way they’ve treated him in the past over hours and pay.

A fair point. But they caved quick when I mentioned ASAC last time and paid me properly. So I think they will pay me my holiday. If it’s £100 that’s a days wages to me. So it’s worth chasing.

Going back the smart move would have been to let the 3 hours slide. For £30odd quid I could have kept working. But if they took liberties that one time they would continue. So I’d rather have it out with them about my holidays and get off the books if I have too.

There is a certain time you have to serve before you get holiday pay plus you might be paye but not full time hours

You might find yourself disappointed with regards holiday pay.

m.acas.org.uk/index.aspx?articleid=4583

"The Working Time Regulations allow employers to use an accrual system to work out how much holiday leave a worker has built up during their first year of employment. During this time, an employer can choose to give a worker only as much holiday as he or she has built up to date.

“Statutory holiday entitlement starts to build up - or accrue - from the first day of employment. It accrues monthly in proportion to the annual entitlement. In other words, a full-time worker in the ninth month of employment would have built up 9/12ths (or three-quarters) of annual entitlement. The statutory annual entitlement for the typical five-days-a-week job is 28 days, so in this case the worker would have accrued 28 x 9/12 = 21 days.”

Having only worked 10 shifts for them, I’d be surprised if you’re entitled to anything.

I hope you prove me wrong though.

Try this. Agencies usually work out holiday entitlement based upon the actual number of hours worked.

gov.uk/calculate-your-holid … ular-hours

Cheers guys.

If I’m not entitled to any holiday pay that’s okay. But it’s another reason to never work for that agency again - if they pay me less to be on PAYE and then don’t want to pay holiday pay then they are even more rubbish. Agency drivers chat - and I’ve already been told about a really good agency by a couple of lads on their books. And I’m really happy with my other agency. As it stands I am cool with being a one agency man - I get plenty of work from the agency in Brum and they say even more work should be coming by April.

I’ll see what happens when I have done class 1. I’m going to need experience if I’m ever going to be comfortable. If my current agency wants to keep my on class 2 I’ll spread my wings and go and see what the others can offer me.

sammym:

Conor:

sammym:
Anyway… this agency I was on PAYE. How do I get my holiday money? Should I tell them I’m leaving and ask for a p45? Or just stay on books but ask for all my holiday money. Out of the two agencies these were a pain to deal with - so it’s no great loss. And I’ll probably stick with the one agency who have always treated me really good. A little annoying as that agency had the Stobarts contract which would have been nice when I did class 1.

You either book a holiday or you leave. Their holiday pay year may end at the end of March so you’ll need to take it or lose it. Stay on the books because with Easter coming you may find you get work again. Agencies are usually bereft of work from Jan to March except for those who’ve been there a long time or shown themselves to be good at the job. Usually picks up again from Easter school holidays.

If they agree to let me take my holidays I’ll stay on the books.

As I’ve alluded too - the agency has the stobarts contract which could be useful for me when/if I pass class 1. But I won’t work for £2/3 an hour less and then not have my holiday. That’s nothing more than a liberty. Maybe other agencies have big name contracts - but so far I’ve worked for the crappier end of the market and would be really happy to go to work and know I won’t have to fight with transport if the vehicle is defective. I’m not talking about a sidelight, but arguing about if I should drive back a wagon with defective brakes.

Why would you bother with a class 1 if you are a student? You cant afford it and even if you could then it would take years to pay for itself and it makes no financial sense since your degree only takes 3 years.

scanny77:

sammym:

Conor:

sammym:
Anyway… this agency I was on PAYE. How do I get my holiday money? Should I tell them I’m leaving and ask for a p45? Or just stay on books but ask for all my holiday money. Out of the two agencies these were a pain to deal with - so it’s no great loss. And I’ll probably stick with the one agency who have always treated me really good. A little annoying as that agency had the Stobarts contract which would have been nice when I did class 1.

You either book a holiday or you leave. Their holiday pay year may end at the end of March so you’ll need to take it or lose it. Stay on the books because with Easter coming you may find you get work again. Agencies are usually bereft of work from Jan to March except for those who’ve been there a long time or shown themselves to be good at the job. Usually picks up again from Easter school holidays.

If they agree to let me take my holidays I’ll stay on the books.

As I’ve alluded too - the agency has the stobarts contract which could be useful for me when/if I pass class 1. But I won’t work for £2/3 an hour less and then not have my holiday. That’s nothing more than a liberty. Maybe other agencies have big name contracts - but so far I’ve worked for the crappier end of the market and would be really happy to go to work and know I won’t have to fight with transport if the vehicle is defective. I’m not talking about a sidelight, but arguing about if I should drive back a wagon with defective brakes.

Why would you bother with a class 1 if you are a student? You cant afford it and even if you could then it would take years to pay for itself and it makes no financial sense since your degree only takes 3 years.

I’m not an undergraduate student - my course actually lasts for 4 years. But I’ve got 3 years left.

No disrespect - but what I can and can’t afford is my business. Let’s just say I won’t be going without food to pay for it. I don’t agree with your cost-benefit analysis - if I do 2 12 hours shifts a week and I get £1/hour more for driving bendies it’s £24 a week extra. Let’s assume that my class 1 costs £1k meaning it would take about a year to pay back. For the two years after I’d be quids in.

On top of that, I then have the qualification for as long as I want it barring health problems. And more importantly… the type of work on class 1 is more what I like. I don’t like multidrop with a tail lift from an 18t fridge. But going onto 2/3 bays in a shift and opening the doors is fine. My long-term goal is to go into academia… jobs are hard to get and low paid and you often have gaps between fellowships. So between academic jobs I’ll always be able to earn a few quid driving.

I also am fortunate to live in an area where there are a LOT of both industry and also RDC’s which again mean that it’s very easy to get class 1 work. Probably easier than class 2. Finally my Fiance works in a hospital and often has to work weekend shifts - I’m a bit old to be going out clubbing and if she is working I really don’t mind working as well. I have the flexibility with my studying to take a day off in the week to spend with her.

It would be worth reporting the company you were driving for to DVSA. There’s no way that a compliant company can expect a driver to carry out daily checks in his own time. And as an agency driver with a vehicle you’ve never seen before, you need to carry out a very careful daily check. If you’ve got written evidence that you are expected to do the checks in your own time, that’s them bang to rights.

At the very least they’ll get a fleet inspection, and who knows what that might unearth?

:smiley: