Agency workers and paid holidays

[mudskipper]

See here

https://www.ipse.co.uk/our/news-list...e-member-.html

[Needadayoff]

I will keep on their backs, yes did check with the 3 umbrella companies and they all said my holiday entitlement was “rolled up” in my pay? I don’t think so !

[cojak]

Keep plugging away on both fronts and let us know when you get your money!

[northernladuk]

She is a bit thick and always led to believe agency worker don’t get holiday pay. I come under IR 35 rules. Anyway my agency have come back to me(Not umbrella) and said they should have been paying me an extra 74p an hour to cover leave for the last 4 years? How did they get this figure? It totals to afew thousand but I will believe it when it is in m my bank

Result. And have you spoken to your brolly to see if they have also been taking holiday pay off you as well?

[Needadayoff]

Yeah but he's been there 4 years so surely he should have seen his holiday pay coming out before the reforms hit? How come it's taken this long to ask?

She is a bit thick and always led to believe agency worker don’t get holiday pay. I come under IR 35 rules. Anyway my agency have come back to me(Not umbrella) and said they should have been paying me an extra 74p an hour to cover leave for the last 4 years? How did they get this figure? It totals to afew thousand but I will believe it when it is in m my bank

[northernladuk]

That's how it normally works. But the PS IR35 reforms throw a slightly different light on things - if the PS client has stated that the role is inside IR35, then the rate advertised should be after 'employer' deductions, i.e. what you would expect to receive as a 'salary' if you were employed.

Most are not doing this - but they need to then be explicit that the rate advertised will be subject to those deductions.

So check what was advertised, what you signed, and ask - to quote an old friend "shy bairns get nowt".

Yeah but he's been there 4 years so surely he should have seen his holiday pay coming out before the reforms hit? How come it's taken this long to ask?

[mudskipper]

Shouldn't your brolly be withholding some of the money for holiday pay? They are your employer so should you not speak yo them first?

That's how it normally works. But the PS IR35 reforms throw a slightly different light on things - if the PS client has stated that the role is inside IR35, then the rate advertised should be after 'employer' deductions, i.e. what you would expect to receive as a 'salary' if you were employed.

Most are not doing this - but they need to then be explicit that the rate advertised will be subject to those deductions.

So check what was advertised, what you signed, and ask - to quote an old friend "shy bairns get nowt".

[northernladuk]

Like this.

https://www.contractorumbrella.com/holiday_pay_old.html

[Lance]

Shouldn't your brolly be withholding some of the money for holiday pay? They are your employer so should you not speak yo them first?

this ^^^^^

everyone I've ever worked with who was through an umbrella had their holiday pay covered by the umbrella. In some cases, on better terms than a permanent member of staff.

Speak to the umbrella.

[northernladuk]

Thanks for all your replies, I am hired by an agency and have an umbrella company to pay me, I’m not a Ltd company

Shouldn't your brolly be withholding some of the money for holiday pay? They are your employer so should you not speak yo them first?

[Needadayoff]

How are you engaged? Is it via your own Ltd, an umbrella, or directly on the agency's payroll?

If AWR apply, then you should get holiday pay.

Thanks for all your replies, I am hired by an agency and have an umbrella company to pay me, I’m not a Ltd company

[mudskipper]

Hi all, just need some advice regarding paid leave entitlement as an agency worker, I have been in the same position in the public sector for over 4 years and never had any paid holiday or bank holiday pay. Is this correct, my agency have never ever said to me that under AWR I should have paid leave the same as other workers? I have always been led to believe agency workers don’t get paid leave unti I read an article on AWR saying the opposite! Anybody know what I can or should do

How are you engaged? Is it via your own Ltd, an umbrella, or directly on the agency's payroll?

If AWR apply, then you should get holiday pay.

[northernladuk]

How are you engaged by the client?

Nice article here about AWR dispelling all the myths. Might not help your situation but covers a lot of interesting topics.
https://www.contractorumbrella.com/a...and_facts.html

[cojak]

Hi all, just need some advice regarding paid leave entitlement as an agency worker, I have been in the same position in the public sector for over 4 years and never had any paid holiday or bank holiday pay. Is this correct, my agency have never ever said to me that under AWR I should have paid leave the same as other workers? I have always been led to believe agency workers don’t get paid leave unti I read an article on AWR saying the opposite! Anybody know what I can or should do

Here are your rights as an agency worker https://www.gov.uk/agency-workers-yo...-agency-worker

The Citizen’s Advice Bureau says that you should have paid holiday, so I would contact them to see what help they can give you https://www.citizensadvice.org.uk/wo...-need-to-know/

https://www.citizensadvice.org.uk/wo...e-entitled-to/

And finally, look at what a union can do for you https://www.unison.org.uk/get-help/k...orary-workers/

[Needadayoff]

Hi all, just need some advice regarding paid leave entitlement as an agency worker, I have been in the same position in the public sector for over 4 years and never had any paid holiday or bank holiday pay. Is this correct, my agency have never ever said to me that under AWR I should have paid leave the same as other workers? I have always been led to believe agency workers don’t get paid leave unti I read an article on AWR saying the opposite! Anybody know what I can or should do