I know that agencies aren’t offerring holiday pay out of the goodness of their hearts, it’s part of employment law that they have to pay you holiday pay according to set rules.
But what happens if you’ve accrued holiday pay but not used it, & then leave the agency?
This has happened to me 2x so far, holiday pay must have accrued but when I’ve informed the agency I’m no longer available & they have sent my P45 there is no mention or payment of this accrued holiday pay.
Anyone been there & done that before I dive into what looks like a lot of research finding out.
"You are entitled to one twelfth of your annual holiday entitlement for every month you have worked of the current leave year. If you have spare entitlement when you leave, your employer should pay you your equivalent daily pay rate for these days."
Let us know how you get on… but make sure you get everything you’re entitled to!
If a worker’s pay varies with the amount of work done then the amount of a week’s pay is the pay for the normal weekly working hours multiplied by the workers average hourly rate over the preceding 12 weeks. This may occur under a piece work, bonus or commission system. To calculate the average hourly rate, only hours where the worker was working, and the pay related to them, should be taken into account. Overtime hours can be included although pay for these hours should be adjusted to the normal rate. Any week in which no pay was due, for hours worked, should be replaced by the last previous week in which pay was received for hours worked.
I was on a contract with my agency and was working a night shift for about 4 months. The rate for this contract was significantly more than the agencies normal class one rate.
At Christmas time they hit me with the £7.50/hour basic class one holiday pay for 8 hours a day.
I was earning £12/hour + overtime at £18/hour
I challenged them and won, I got my average hourly rate over the preceding 12 weeks
Never walk away from an agency UNTIL youve made sure theyve paid you everything owed to you.
If you dont, you may as well whistle .................. as i doubt youll get anything
I have just finished with an agency and with my final worked hours, I asked that they arrange my P45 and any holiday pay accrued.
As I didn’t very often work a full week, does anyone know how to work out holiday pay based on actual hours worked?
I haven’t yet seen my payslip for this week as I have to go to the office at Immingham to collect it, but will be going over tomorrow. I could do with knowing how to work it out so I can be armed with anything I need. I believe I will need ammunition as these ones are a bunch of idiots.
I finished with the agency I’d been with for years a couple of months ago. I had to fill in a form applying for all holiday pay accrued to date, and it was paid the week after my final weeks wages. Previous to that though I must have lost out on about 2 months worth over the last 5 years through the agencies either winding up without any warning or just through them not telling me what I had and when it had to be taken by.
