Agency Holiday Pay.. been ripped off?

[dannyb13]

Hi All, please bear with me as i'm new to the forums.

outline;
i'm currently employed with an agency as a "temp". my hours of work vary in the sense that i start a 6am, and could finish anytime between 2pm and 6pm - depending on the days workload, i also often work Saturdays and Sundays.
in total of starting employment with them around 2 1/2 months ago i have worked 508 hours total

i'm currently in disagreement with the agency over my accrued holiday. they have me down for 6 days
i have work it out to be more like 8 days, I've taken my calculation from;

http://www.nidirect.gov.uk/calculati...ay-entitlement

as i understand it the agency are working it out on the standard system, while i believe it should be on the casual or irregular working patterns system, especially as i get an email each week detailing my assignment and they call this as a day-by-day assignment

email example:

"This email is sent to you to confirm the details of your assignment :
Start Date 16/11/2015
This is a day by day assignment at XXXXXX"


my question is really who is right, the agency or me as they wont seem to budge on the matter, and how could i take it further if i am in the right?

Thanks for any advice you can give,

Danny

[mariefab]

Re: Agency Holiday Pay.. been ripped off?

Assuming that you work 5, or more, days a week and that your contract only provides the statutory minimum paid holiday entitlement......6 days is right.

[dannyb13]

Re: Agency Holiday Pay.. been ripped off?

Hi mariefab,

thanks for the reply, so when would/should the casual or irregular working patterns system be applied, i.e. to what type of worker?

Thanks.

Danny

[mariefab]

Re: Agency Holiday Pay.. been ripped off?

Examples would be; someone with no set contractual hours who works as and when required to cover busy days, or provides relief cover when employees are on holiday or off sick. So called 'zero- hour' contracts.

[mariefab]

Re: Agency Holiday Pay.. been ripped off?

To get 8 days- did you do something like this?
Total hours worked X .1207 / average hours worked per day = 8

[dannyb13]

Re: Agency Holiday Pay.. been ripped off?

hi again mariefab,

yes i used a standard 7.5 hour day 6am to 2pm deducting half hour dinner.

[dannyb13]

Re: Agency Holiday Pay.. been ripped off?

on the face of it it almost is a zero hour contract, people often get sent home when there isn't enough work, staffing reduced when there is no work, extra brought in when the work load requires.

Thanks

Danny

[mariefab]

Re: Agency Holiday Pay.. been ripped off?

Let's assume that you are entitled to the statutory minimum holiday entitlement of 5.6 weeks.
If you work 5, or more, days per week your total annual entitlement would be 28 days.
You've worked there for 2.5 months.
Therefore, 28days / 12months X 2.5months = 5.83days (rounded up to 6 days).

Your mistake was to use 7.5 as the number of hours/day.
You've worked a total of 508 hours in 9 weeks. So, 508 / 9 = 56.44 hours per week.
Deduct 1/2 an hour a day for an unpaid break. 56.44 - 2.5 = 53.94.
Divide by 5 days per week = 10.78 hours per day.
Repeat your calculation, 508 X .1207 / 10.78 = 5.69 days (rounded up to 6 days).

[dannyb13]

Re: Agency Holiday Pay.. been ripped off?

Thanks mariefab, So on that formula I would be entitled to 6 days holiday (each day paid at 10.75 hours)?

Thanks
Danny

[mariefab]

Re: Agency Holiday Pay.. been ripped off?

Yes, but you would only get 10.75 hours/ day if you were taking the holiday in the next 6 days, or if you had left after the 2.5 months.
Otherwise the amount that would be paid per week/day would be based on an average of the last 12 working weeks.

[dannyb13]

Re: Agency Holiday Pay.. been ripped off?

Thanks
that just about sums it up, they are trying to pay me 6 days @ 7.5 hours per day, which is defiantly not correct.
i'm just waiting on a copy of my contract of employment to see how they "word" the holiday terms.

Danny

[mariefab]

Re: Agency Holiday Pay.. been ripped off?

They could only pay you 7.5 hours a day if you usually worked 35 hours a week.
When you get the copy post the terms here and we can provide the relevant legislation and/or case law to help you with your dispute.

- - - Updated - - -

Oops, that should say 37.5 hours a week.

[dannyb13]

Re: Agency Holiday Pay.. been ripped off?

I will indeed mariefab,

Thanks Very Much.