Reply to: BBC Moneybox and Umbrellas snaffling holiday pay

[eek]

HMRC are listening - check out the latest guidance.

There is Still a get out clause there as HMRC says holiday pay should be paid when they leave but doesn’t say anything about what should happen if holiday isn’t taken or holiday pay isn’t explicitly requested within the umbrella companies holiday period

[lucyclarityumbrella]

HMRC are listening - check out the latest guidance.

[cojak]

And evidence will then be provided, as Paralytic has quite correctly requested...

[eek]

sorry but only went citizen advice yesterday in the end. Got some interesting news though. They have over 300 compliants come into them in last 3 weeks over 12 FCSA umbrellas not paying holiday pay so them and mine are going to their solicitor to make a claim. Got a bit complicated on the legal jargon but nub of it is whats been done is totally illegal even though I signed the contract. The lady used other words to describe whats been done but I think best not repeat them in polite company. She said its up to me to show the letter to whoever so I'll put it on here when I get it for everyone to see it. Oh and still nothing back from FCSA!

Thanks for that and good luck

With luck it will result in FCSAs name having the reputation it deserves rather than what it pretends to be

[northernladuk]

sorry but only went citizen advice yesterday in the end. Got some interesting news though. They have over 300 compliants come into them in last 3 weeks over 12 FCSA umbrellas not paying holiday pay so them and mine are going to their solicitor to make a claim. Got a bit complicated on the legal jargon but nub of it is whats been done is totally illegal even though I signed the contract. The lady used other words to describe whats been done but I think best not repeat them in polite company. She said its up to me to show the letter to whoever so I'll put it on here when I get it for everyone to see it. Oh and still nothing back from FCSA!

That would be very interesting as it sounds just like the legal storm brewing that people are expecting. Keep us updated as much as you can without giving to much personal info out.

[ladymuck]

Superb, that sounds good. Best of luck, keep us posted!

[Pturner]

sorry but only went citizen advice yesterday in the end. Got some interesting news though. They have over 300 compliants come into them in last 3 weeks over 12 FCSA umbrellas not paying holiday pay so them and mine are going to their solicitor to make a claim. Got a bit complicated on the legal jargon but nub of it is whats been done is totally illegal even though I signed the contract. The lady used other words to describe whats been done but I think best not repeat them in polite company. She said its up to me to show the letter to whoever so I'll put it on here when I get it for everyone to see it. Oh and still nothing back from FCSA!

[PTP]

Sadly the legal Avenue closes 3 months after you leave them or 3 months after the end of their holiday year which ever is the earlier

you can do as Cojak states but the FCSA will do the sum root of f*** all.

Just 3 months Can't believe that's all you get considering you get 3 years to claim for relatively trivial things in other types of business.

For anyone interested, here's a link showing that 3 month time limit and some other interesting ones.

https://employmenttribunal.claims/em...s/time-limits/

[ladymuck]

Thanks guys all very useful.Ive tried to call FCSA but couldn't get through so called citizens advice for some advice and might be in luck there as the lady said they had loads of complaints coming in so they are looking into making a mass complaint to them as they are very concerned over agency worker rights at mo. Ive got an appointment tomorrow so might find out more and i'll share that as could be useful.

Best of luck! Will be good to hear what they say

[Pturner]

Thanks guys all very useful.Ive tried to call FCSA but couldn't get through so called citizens advice for some advice and might be in luck there as the lady said they had loads of complaints coming in so they are looking into making a mass complaint to them as they are very concerned over agency worker rights at mo. Ive got an appointment tomorrow so might find out more and i'll share that as could be useful.

[eek]

Didn't they say they'd kick anyone out that didn't handle holiday pay properly.......

I’ve read their code of compliance - and while stealing holiday pay is morally (and legally) wrong it isn’t against their code of compliance. The issue is that to claim you need to use an employment tribunal and you have only 90 days to do so from the appropriate kick off point

But remember the FCSA do not regard contractors as their customer, they regard them as a product and part of the service they sell to an agency

[ladymuck]

Didn't they say they'd kick anyone out that didn't handle holiday pay properly.......

But they may well have handled it 'properly' - in accordance with the contract is properly.

[northernladuk]

Sadly the legal Avenue closes 3 months after you leave them or 3 months after the end of their holiday year which ever is the earlier

you can do as Cojak states but the FCSA will do the sum root of f*** all.

Didn't they say they'd kick anyone out that didn't handle holiday pay properly.......

[eek]

I hope you guys can help me again. i ended up going with an FCSA umbrella in the end as that seemed best and went for what seemed a big one which you will all know but left after about 3 months as service was shocking. anyhow that not the point of this. I've seen bit going round over holiday pay and last night finally got round to checking my payslips and there's no holiday pay. So rang the umbrella this morning as i didn't take a day off and they said not entitled as I've waited to long and the contract means I can't no longer claim it. So done some more digging and seems this practise has been out there for way before the BBC outing of the scandal on this website https://savenhsworkers.org/fcsa-holi...y-scandal.html

Do you guys know if there's a legal route I can go down or what is happening behind the scenes at the FCSA or anywhere else for me to get what's due to me? its about £800 so its worth going for.

Sadly the legal Avenue closes 3 months after you leave them or 3 months after the end of their holiday year which ever is the earlier

you can do as Cojak states but the FCSA will do the sum root of f*** all.

[cojak]

I would put in a complaint to the FCSA about the umbrella, describing what you've just told us.

FCSA complaints here: How to make a compliant about an FCSA Accredited Member • FCSA

Let us know if you get a reply to your complaint...