Does anyone know if there’s anyway of getting an agency to pay your holiday money when you are no longer working for them? I worked through an agency for a place for 3 months, then I was taken on and they said they would pay me the holiday money I was owed “When they knew I was permanent at this place”. That was 3 months ago and they still havn’t paid anything. Any ideas what I can do? Thanks.
Go to the union.
Small claims court but you’ll need to lodge official grievance with agency first.
Sent from my SM-A125F using Tapatalk
I fell victim to an agency scam some years ago.
They took me on the books, and what I didn’t know at the time, was, that any days they didn’t work me, (Before any permanent placement) they counted as holidays. When I left, at the time, I thought they owed me some money until they pointed out what had happened. Apparently it was in the contract, but being young and naive, I didn’t check.
If your new perm employer still use the ex-agency, and if your mangers are approachable, a word with them might have some result? A little informal leaning and nudging?
If possible that is cheaper and quicker than using any legal route.
Employment Agencies Standards Inspectorate
I was owed a weeks holiday pay which they were ‘sorting out for me’, only they went bust before paying me, surprise!
Found the name and number of the Reciever, gave him a call and he told me anyone owed pay including holiday was a priority creditor, sure enough that weeks pay turned up in due course.
So don’t worry, even if the same should happen before you get the money from these bods, you’ll be in the same boat i was.
Lesson learned for the next agency, still on tacho discs then (which they needed in order to bill the client) and i wouldn’t supply them until they paid up what i was owed.
JeffA:
Does anyone know if there’s anyway of getting an agency to pay your holiday money when you are no longer working for them? I worked through an agency for a place for 3 months, then I was taken on and they said they would pay me the holiday money I was owed “When they knew I was permanent at this place”. That was 3 months ago and they still havn’t paid anything. Any ideas what I can do? Thanks.
Calculate what you’re owed, send them an invoice. When they don’t pay send them a reminder by recorded delivery. When they don’t pay send them a statement of account by recorded delivery telling them that if they don’t pay within 7 days by cleared payment you will take them to court. When they continue not to pay you file a claim online at: gov.uk/make-court-claim-for … make-claim
And when you put in the claim you also claim the costs (recorded delivery and court fees) plus late payment interest at the statutory rate of 8% plus the Bank of England Base rate which is currently 5.25% so you add 13.25% to the amount owed.
gov.uk/late-commercial-paym … rcial-debt
It’ll cost you £35 up to £300, £50 for £300.01-£500, £70 for £500.01 to £1000. You may or may not get it but the company will get a CCJ awarded against them if they still don’t pay which you can send bailiffs in to collect.
1 Like
Walk into the office. grab a laptop or other portable expensive office device, throw down a note saying “goods taken in lieu of payment” and watch their faces.
THey will obviously question what you are doing whereby you tell them that unless they pay you what you are owed then the laptop will be going with you until they pay.
It would be an ‘unlawful deduction from wages’ claim in the Employment Tribunal.
The limit is 3 months, but the clock stops for up to six weeks or something after you submit your Early Conciliation request to ACAS.
If the P45 hasn’t been issued effectively you are still employed so you should be okay, but don’t delay.
I should also say, that it is unlikely ever to get to the Employment Tribunal because if they owe you holiday pay they would have to pay for someone to turn up to fight a losing battle.