So rings the agency back today and discussed my holiday pay saga again.
Now they are saying the holiday year runs Jan-Jan and I’ve missed out on last years holiday pay because I did not apply for it before the end of Dec 2004!
Question - is this right , can they just write off my outstanding holiday pay?
Also they are saying that they don’t pay holiday pay for weekends is this right also?
Thanks for your time, it looks like that trip to the CAB might be on the cards it depends on the answers to the above though!
I would suggest that if you’ve legitimately earned holiday pay then you are still entitled to it regardless of timing, there is no statute of limitations on claiming wages for hours worked or paid hours your entitled to.
If you work Mon-Fri then weekends do not form part of your normal working week so are not counted when determining your holiday entitlement. If however you work weekend as part of normal working week and have days off in the week they most certainly do count towards holiday entitlement.
A visit to the CAB is a good idea if they play silly buggers, you will need to have kept a written record of hours worked though. Good luck.
You may need to look at the contract you where given when you signed on with the agency. Usually you need to take holidays within a specified period. It is rare to be able to carry holidays over when working for an agency.
That said, you should have some holiday pay based on the hours worked since Jan 1st.
Agencys include holiday pay into the charge rate for every hour worked wether weekday or weekend, so therfore you should be paid what you have earned
Personally I would stick a County Court Judgement on them, It will cost them financially to defend it, it will cost them both from a financial & a PR point of view if they loose. But what have you got to loose, other than the couple of quid it will cost ?.
I find that doing this, having first given them 7 days notice that you intend to, (normally) makes them more than willing to change their minds, as it proves you are serious & not going to go away.
Also don’t forget that if they change their mind & pay as a result of your taking this action, you can then add ALL of your costs to the money they owe you, so keep a track of all costs, parking, petrol, stamps etc.etc…
Also point out when you give them their 7 days notice that you will be seeking ALL expenses if you are forced to take legal action.
brit_mark:
I think you will find that it is illegal for a company to pay in luie for holidays.
i stand to be corrected though!
y the holiday’s given to you are given in advance,that’s why when you leave they give you a date that you can leave by.if you decide to go before that date they are entitled to ask you to repay the money given to you in way of holidays.
Well the threat of a little legal action worked! Although I’m not the most popular driver in the office now (but who cares there are other agy’s)
Gets a call this morning after telling them to expect a call from my solicitor…and SUPRISE SUPRISE they owe me 4 days pay 3 from last year 1 from this year and it will be in next weeks pay if you still want it!!
Top banana!
As a genral rule of thumb as well you get 1 days holiday for every 17 days worked on agency… this might help someone in the future?
