OK guys time for some of that trucknet help please!
Last week I asked my agency to put any outstanding holiday pay though for this weeks pay so I could have the week off with the baby…
‘OK no problem Dan’ is the reply from the agency middle of last week!
Today goes to get some cash out at Tesco and you guessed it no holiday pay!
So ring’s the agency ‘why have I not been paid my holiday pay?’
‘cos you don’t have any holidays to take!’
So I asked her why and she said because we don’t pay holiday pay for working weekends we only pay it if you work week days!
Anyways I goes back gets out all my copy times sheets (good job I saved them) and checked my hours.
From September last year I did an average 2 days a week (week days) transit van work.
From January this year I have worked at least 1 day a week (Days nights and weekends) class 2 work
I am still being told I am not entitled to any holiday pay!
Question is am I actually entitled to any? I mean I’m not after a weeks wage just whatever I’m entitled to which I assume is around 1 or 2 days pay?
Sorry to bore you all but I have tried to put in as many facts as I can!
Thanks Dan
As far as I’m concerned, if you reguarly work weekends, then it’s your normal working day/week and you are entitled to the dosh. Work out what your owed, send it in a letter recorded delivery. Keep hold of your payslips, then if they fail to pay it after a month, have at them. An agency I worked for has recently stumped up the dosh for a holiday in January, yes, that is January and it took a trip the the county courts to get hold of it . Ended up costing them a sight more than it originally would have . I hate it when agencies do this. Allright, I can understand if you’d nounced a job up or whatever, but they’re just penny pinching so and so’s…This website was originally forewarded to me by TC. Helped enormousley in getting my dosh out of them. If it were me, I’d have a trip to CAB to sort the law out, then have at them.
Sorry for the rant, but I seriousley dislike this. Agencies are [zb] generally when it comes to holiday pay. I’ve yet to meet a good one, their must be some out their.
i had the same problem. i used to work monday to saturday but they refused to pay me for any saturdays taken as holiday. there is no arguement about me working weekends as i worked 6 out of every 7 days. that is SMS for you though
It all depends on the agreement with the agency regarding holiday pay. Some claim that they pay your holidays in the pay rate. However the better agencies will pay on top of the rate.
You should have accrude between 7.9 and 8.33% of your hourly pay for each hour you worked, regardless of what day you worked as this is added to the charge rate given to the client.
As a rule of thumb it should work out as an average of the previous 12 weeks work
Jaycool007:
Even agencies are supposed to pay holiday from Day one now. I did just 3 days work for one agency and still got £10 holiday pay with my P45
I believe it is the law for them to pay holidays, and if they don’t - they’re breaking the law!
Super Dan - Have you tried the Citizens’ Advice Bureau? - I’m sure they’ll be able to help you.
the very first agency i worked about for 1986 payed holidays like thus
to get 1 weeks holiday you needed to log 800 hrs
to get 2nd weeks holiday you needed to log another 400 hrs all based around a 12 month year
so as a driver doing some overtime you could at least get some holiday…
in todays climate how can they not work out holiday pro rata
You are entitled to paid holiday on a “pro rata” basis.
For example, a fulltime employee working 40 hours a week over 5 days, i.e 8hrs a day, is entitled to 20 days @ 8hrs pay.
Therefore an employee working 2x8hr days a week would be entitled to 8 days @ 8hrs paid holiday per year.
The agencies I’ve worked for have done it one of two ways:
A weeks holiday based as the average over the previous 13 weeks.
Put so much per hour you’ve worked (approx 8% of hourly rate) into a “holiday pay pot” and paid the amount in it upon request.
Either way, you are entitled to paid holidays. If they say it is part of your hourly rate then until you actually see the agreement YOU SIGNED stating this then they don;t have a leg to stand on.
Looks like its change of agency time and a visit to the CAB to take legal action to recover monies owed.
Thanks for the help guys, I thought I was right but just liked to check first!
I don’t really want to get on the bad side of the agency - I work for 2 this one which is a small company and also one of the national franchisee ones,
They both are very good IMO and the one in question has found me work since the day I passed my class 2 and I really get on with the staff, its just when it comes to anything like this it really [zb] you off!
Anyway I’m having a ‘face to face’ with the boss on Monday so if I don’t get it then (I’ve asked for a cheque to be written) I’ll be going down the legal action route!
Dan, a quick thought, check if the agency is accredited by any of the Representative Bodies such as the REC, and then check out their rules and guidelines for members.
The threat of reporting the agency to a representative body is probably more effective (and cheaper) than pursuing the legal route.
. Ended up costing them a sight more than it originally would have 
. I hate it when agencies do this. Allright, I can understand if you’d nounced a job up or whatever, but they’re just penny pinching so and so’s…