I work for an agency and they have just told me...?

Question

..that if I want to be paid for Bank holiday Monday (I didn't work on this day) then I have to fill in a holiday form and it will come out of my annual holiday entitlement. Are they allowed to do this? I have sifted through pages of websites and can't seem to find an answer. I didn't know an employer/agency was allowed to include public holidays as part of your holiday entitlement.

Answer 1

yes, they can include it...look at your contract.

Answer 2

It depends on your contract with them,the laws governing this changed about 10 years ago giving agency workers certain rights and pay entitlements,which you should have obtained and read.Some agencies retain workers on a basic wage,for 40 hours as a sort of fall back payment.Others have differing arrangements,normally you would not be paid if you did not work,they are in no way a philanthropic entity.You are only cannon fodder to them,they owe you no loyalty,but that cuts both ways,normally MANPOWER or the one that the old British Road Services,( excel logistics )  use,( their own agency ) i forget what it is now called,but they are as good as they get for conditions.

Answer 3

How it works with an agency is that if you are paid for the hours you work.  If you want a days holiday you have to take it as annual leave.

Bank Holiday's are not compulsory holidays and an employer (any employer) does not have to pay bank holiday's.  You will find this is the case with the agency because they cannot charge the client for a day you did not work. They would therefore lose money.  Your annual leave you are entitled too is calculated into the charge rate that the agency charges the client and so you taking holiday doesn't cost them (the agency) anything.

At the moment the minimum holiday entitlement is 24 days but that includes bank holidays.

The legislation looks set to change in the next few years but at the moment this is the case.  Make sure you have Terms of Engagement with your agency as holiday information has to be included in there.

Hope this helps.

Answer 4

Your lucky, when I done agency work I only got paid for the hours I worked, I never got holiday pay. I work permanently and get 28 days holidays and around 6 bank or public holiday paid for. It is up to the employer whether or not they pay you for bank holidays, check ACAS www.acas.co.uk

Answer 5

Legally they can as long as you are entitled to at least 24 days a year pro-rata for however many hours you work/week or 28 days a year from October 08.

if they were a good company it would be in your agency contract.

Answer 6

i would call the employment law  people and ask them i think this is illegal