Calculating length of service when I started for an agency.

[EmployeeHM]

My company's leave policy gives an extra day annual leave to employees with five full years of service. The leave year runs 6th April to 5th April

I started work through and agency on 6th January 2019.

I was not employed directly by the company until May 2019, although my offer letter was dated 3rd April and my acceptance dated 4th April.

The .GOV.UK seems to advise that I became entitle to "equal treatment" (Equal to that of colleagues I work alongside who are employed directly) after twelve weeks, so 30th March 2019.

Am I likely to succeed if I argue that I am entitled to the extra day of leave because I gained equal treatment rights on 30th March 2019, or even argue that my length of service runs from 6th January 2019.

For clarity I have remained in the same role since starting and have not had any breaks in employment or material changes to duties.

Thanks for your advice.

H

[ULA]

At the time you worked for the company as an agency worker were you under an employment contract with the agency?

[EmployeeHM]

Yes, I think I see the flaw in my argument.

[ULA]

I take it that you were under a contract with the agency, then yes sorry there is a flaw in what you set out in your first post.

Unfortunately you would not have the five year continuous employment with your employer on a permanent contract until May.

The entitlement to equal terms would have been if you had continued to be an agency worker.