my daughter worked part time for an agency waitressing.  She started in June and was told she would be paid £5,25 per hour but 40p per hour would be held back for a holiday fund.  We have phoned today to cash in her holiday money because she was abit short after Christmas only to be told that the holiday cut off point was 31st December and that any money not claimed by then was lost!!  They said she signed a form when she started stating this but we cant find any copy of this and as a 16 year old kid at the time of course has forgotten the signing. I have written a letter to them today hoping that rules can be bent and that they will pay her the money.  Lets hope.  Does anyone know where we stand on this matter legally?

Hi Wendy, you might find something useful here: http://www.adviceguide.org.uk/index/life/employment/holidays_and_holiday_pay.htm
Hope it helps :)

Not sure where you stand legally if it was found your daughter had signed a letter and this said 31st December was the cut off point for holiday pay but you are definately entitled to a copy of the letter daughter signed even if just to check the wording.  Just ask for one and check it out initially?? Take it from there getting the necessary advice maybe from the CAB.  Not heard of being paid like this before but not saying it's wrong.  I get paid a premium for agency work as we are not entitled to holiday pay so they build it in our hourly rate.

> I get paid a premium for agency work as we are not entitled to holiday pay so they build it in our hourly rate.

The agencies that we use at work do this too :)

Daisy

I have just looked at the link out of curiosity and found this statement in one of the answers.  Some employers and employment agencies may say that your hourly rate of pay includes an amount for holiday pay, and that they expect you to save this part of your pay to cover your holidays. This is known as 'rolled up' holiday pay. Rolled up holiday pay is against the law. 

Have I understood this right that we are not entitled to holiday pay so they build it in our hourly rate. falls under the above statement?  Or have I completely misunderstood it?  I am just curious thats all :D :D

Kerri

I get paid an amount an hour and they add 60p per hour worked which is holiday pay.  We do not save it or anything it's paid on however many hours i work that month and is paid monthly to us.  I'm going to dig out my contract shortly and find out the exact wording.

Found it and I quote that in my instance it says:

Agency workers holiday entitlement is calculated on an hour by hour worked basis and is paid in adition to the hourly rate at the end of the each month.  Entitlement is based on 4 weeks leave per annum for an employee working full-time up to 40 hours average per week. this is divided down into a value per hour.  Those that average less than 40 hours per week receive their entitlement paid on a pro rata basis.  The amount is based on a rounded up figure of 9% in addition to salary rates.  When leave is booked it is unpaid, pay added to each months salary payment is clearly show on payslips provided.

hi craigles.  This is what I am confused about in my previous post and reading through your post has opened my eyes as to how someone could interpret it.  As yours states When leave is booked it is unpaid so does this mean in theory that the employer is expecting any additional payments you receive each month (ie holiday pay) you are expected to save up so that when you do take a holiday, the money you "saved" covers what you would have been paid for that period.  Does that make sense? or am I completely and utterly wrong?  I am probably trying to twist how I interpret the wording to fit??  :D :D

Gosh, I am even confusing myself now

My understanding is that you accrue holiday pay according to what work you do and they pay it to you as you go along rather than when you actually take holiday - what you do with it is up to you - but when you do take time off you wont receive a payment or payslip.

Its been years since I did agency work but that was how it worked when I did... and seems to fit in with the wording on the recent post

Maxine

Phew! thats ok then, especially as you dont receive a pay slip, didn't really think about that bit :D :D  I just couldn't get my head around it as I think I was looking waaaay too deeply into the wording in the link and misinterpreting it :rolleyes: and didn't want anyone to be missing out on anything!!!!  Phew... :D :D

Can you tell I have never been paid like this before?? :D  I suppose I have been lucky where the jobs I've done have either been salaried ones or per hr but all with paid holidays ;).  Got a lot to learn about life still, me things :rolleyes: :p :p

Maxine well explained, I couldn't put it into words but I knew what I meant, spot on explanation. thanks

Don't forget that agency staff only get paid when they have work :) If the agency can't find them a job - then no pay :) So it is just the best thing to do ie enhance rate per hour with the appropriate amount of holiday pay that they have 'earnt' by working X hours :)

Daisy

Thanks everyone for your help, ill keep you posted.  At the moment im waiting for a reply to my letter?

Wendy I wouldnt leave it too long if I was you - once you've written and given them time to receive and read the letter get on to the agency - someone at a high level - financial director or something.  Its far easier for people to say NO in writing than it is either on the phone or face to face.  keep making them feel uncomfortable - this is a young girl they're taking advantage of and all that...

good luck

Maxine

Just an update..... I phoned the agency and asked for a copy of the contract, but nothing came so after a week or so I phoned again and asked again for a copy ( I could tell my name was mud by the way I was spoken too) I also asked why my letter had not been replied too and had the phone put down on me!!!!   I saw RED and straight on to head office. Spoke to a very nice lady (Manager of Payroll and HR) who said she would look in to this matter, but it did seem the agency francise was paying "Rolled up" holiday pay which was made illegal last year. I feel I have a very strong case and that very soon my daughter will be paid her £170 due.  I ll let you know.

Well thats good news - keep the pressure up - Now confirm everything you have been told etc and what you are expecting to happen next in a letter.  Dont give anybody the chance to say at a later stage ' no you couldnt have spoken to me I dont remember a thing'  'she's left the company - dont know a thing'....  if they were right they would have told you that and they havent so you must be entitled dont let it rest too long...

And I hope your daughter buys you a nice box of chocs after this....

Maxine

Agree with the above, and would add send this letter by recorded delivery, that way they can't deny receiving it.