Agency workers and calculating pay for time off and holidays. Anyone here know about this stuff?

Soldato
Joined
5 Aug 2004
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2,728
I'm currently working through an Agency for the first time in over 15 years and it appears things have changed, not that I knew all the ins and outs back then.

The problem I'm having is when it comes to holidays and how it's calculated for how you earn your days off and more importantly how much you get paid when you take time off. I've spoke to the agency 2 or 3 times after having time off because when that week comes in the paypacket say if I had one day off I'd get 32 hours and then something like 7.86 hours instead of 40.

I currently have 9 days holiday and took 1 day off last week to take reciept of my 3900X :D the next week I had 32 hours + 7.86 hours in my wages. Where did that .14 go????? so I phoned the agency and they gave me a speech about how the way they pay out for holiday is based on the average of time worked in the last 12 weeks, something like that and it's Government regulations and nothing they can do. In my mind I have 9 days or 78 hours, enough time basically with whatever this crap system is to cover me to get 40 hours paid. I hadn't had any time off or so I thought.. 12 weeks ago was the end of May which was a bank holiday which bought down my 12 week average and is what caused the 7.86 hours payment for my holiday instead of 8 hours.

Agency workers get penalized for bank holidays, and even worse we get penalized by our own paid holiday time! so that paid day off holiday resets the 12 week average. In another scenario if you take 10 days paid holiday the second week will be penalized againt the first week because you have not worked thus your average went down.

This is my understanding of it so I could be wrong in some places, I want to fact check but I can't find any online resources. I've tried Google, the Government website, Acas and even Wikipedia had a page I looked at but I can't find anything about what I'm describing.

Needless to say I think this system is bull****. I should not be penalized for bank holidays or my own paid time off, if I'm sick or have unpaid time off then fair enough.

One thing I want to find out is if the agency is billing the company I'm working at for 40 hours but only paying me 39.76 and pocketing the .14 difference.

So if anyone can help or knows anything it's much appreciated.
 
You basically must have worked less than 40 hours one week in the last 12.

I maybe wrong, but I did build a payroll integration from a WFM so have a little knowledge about the pay rates.

IIRC what they do is work out the average weekly pay for the last 12 weeks and then get a daily rate. It's that rate that you get for holidays.

It benefits you if you're doing overtime and getting bonus, again IIRC, because they get averaged in.

Edit: re-read the BH part

BH don't really exist in holiday law. You just get an allowance based on a minimum number of days that includes 8 days for bank holidays.

28 days I think is the minimum.

If you don't work a bank holiday then it's either unpaid or it comes off your holiday allowance. I assume in your case it was the former, so you've got it back by still having a day off paid to take when you want.
 
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