I have recently left my agancy after working for them for seven months, during which I have taken no paid leave.
Should I get paid the leave I have built up but never taken?
If so how long should I wait before chasing them up?
Also been waiting 3 weeks for my P45.
Thanks in advance for any help you can give.
I think you are entitled to one paid day off per month of working for Agency. And you will have to chase it as they definitely won’t offer it!
assuming you are PAYE you will be entitled to holiday pay
calculated atyour contracted rate
hope you have contract to hand
but you want at least a day per month pro rata
you defo should get your holidays owing paid to you. i started at an agency in february and have accumulated 60 hours holiday, which i am having half paid to me at 10 hours extra per week and am taking the next 3 days off paid
Yep you should.
Depends on the agency but most of the big ones offer the standard 28 days a year, to which you are entitled either after a set period, or accrued on a basis of X days per Y days worked etc, which will probably be listed in the terms and conditions document they “forgot” to give you when you signed your contract.
Alex
I think you’ll find that you will now only be entitled to payment for the holiday you’ve accrued since January 1st of this year I’m afraid, that’s because the holiday year generally start/ends in January and it’s illegal to pay for holiday not taken before the end of the holiday year.
You are entitled to Holiday Pay, normally accurred. From 1st Jan or 1st April whichever is the Company holiday year start time. Anything else before those dates you will almost likely lose, but saying that a decent agency would have let you know what holiday you were entitled to at least 1 month before the end of the holiday year to enable you to take it. If you are working full time for the agency (at least 5 days per week) then you would normally be entitled to approximatly 2.3 days per month.
If they do not pay, threaten to take them to employment tribunial, holiday pay is a right not an entitlement and should have been written into your employment contract or Terms of employment.
Keep us up to date and let us know how you get on.
FFS you’re nearly all wrong.
direct.gov.uk/en/Employment/ … G_10034642
Read this, it’s all there, especially the bit about working irregular hours, which Stobbies came unstuck with at an Employment Tribunal recently. I know they did 'cos t’was I they came unstuck with!
Accruals and leave years
There are two ways your employer will manage your holiday entitlement, through either a ‘leave year’ or an ‘accrual’ system.
Leave years
Your ‘leave’ or ‘holiday’ year is a term used to describe the period in which your employer expects you to take your annual leave.
In your employment contract you may have an agreement with your employer about when your holiday year runs (eg 1 January to 31 December). If you do not have an agreement then your year will start on:
-1 October 1998 (if you started work before then)
-the date you started work (if you started work after the 1 October 1998)
If you start a new job part way through a leave year then you will be entitled to a proportion of your leave, depending on how long is left in the leave year.
This is an extract from the above web site
For example, if you start half way through the leave year then you will be entitled to half of your leave. This will then reset to the follow up at the start of the new leave year.
Similarly, if you leave your job part way through a leave year you will be entitled to a proportion of your leave.
Some employers run an ‘accrual’ system, where holiday entitlement is built up over the first year of employment. This means that for every month you work, you become entitled to one twelfth of your annual entitlement. So, after six months, you would be entitled to a half of your annual entitlement.
Accrual normally continues during statutory absences like maternity leave.
Carrying over holidays
You do not have a right to carry leave over. However, your employer may allow you to carry over any untaken holiday from one leave year to the next.
You must take all of your statutory minimum holiday entitlement each year. Only holiday on top of this can be carried over, and only if your employer gives you permission or it is allowed by your employment contract.
Payment in lieu for holiday or ‘buying out’
You are not allowed to exchange any untaken statutory holiday entitlement for pay. You must take all of your statutory holiday entitlement each year.
My agency’s holidays run from June 1st. to May 31st.
Withonly working two days a week,I claim my holidays for the days I’m not working.
Even only working two shifts a week,one years holiday pay is worth £800 to me!
Yea thats about right, 12 or so days a year entitlement, about £66 a day for your holidays then!!!
Five weeks and counting and still no P45 or holiday pay, I will call agency before the end of week and see what they say,
I will keep you posted!
Thanks for the help so far.
I love this forum.