Been offered a job that I went for...
- Thread starter buckeejit
- Start date
Please stop mis-quoting me with your opinion of how it works.
It's not only my opinion - If you dealt with agents regularly you'd know how the "game" is played
Here are some links for your edification:http://forums.contractoruk.com/legal-surgery/61279-accepting-contract-agency-then-changes-rate.html
I can recall 3 times where an agent tried this with me (twice was with Elan) They are just trying to increase their margins. Twice I refused the drop and both times they backed down.
It's more than likely, as its your first contract, they are trying it on - negotiating at first is not turning down the role.
They always try this with first timers. Always refuse. Myself, on my very first gig I just said a flat "NO" to a £2/hour reduction on rate. Within 15 minutes, the lying ******* said he'd called the client and persuaded them to pay the rate I'd first agreed.
http://forums.contractoruk.com/busi...tract-but-less-money-than-agent-promised.html
http://forums.contractoruk.com/business-contracts/66664-rate-anxiety-agent-having-laugh.html
Ok, fair enough.
Wow, you read those links very quickly
Of course, just disregard the opinions of actual contractors and just cover your ears crying "la la la I can't hear you"
Or you did read my reply very carefully
Incorrect again. I was pointing out that since you replied so quickly, you obviously didn't bother to read other opinions since you are convinced you are right
Incorrect again. I was pointing out that since you replied so quickly, you obviously didn't bother to read other opinions since you are convinced you are right
I read some of them, but I'm going off some significant personal experience
I read some of them, but I'm going off some significant personal experience
Ah ha! So which agency do you (or did you) work for?
Soldato
Surely by your argument then, it would be perfectly possible for someone to start a new employment, straight away take the maximum amount of holiday and then quit, and the employer would not be able to deduct payment for the holiday taken which had not yet been "earned"?
Unless I'm completely misunderstanding what you're trying to explain
They can't
The managing director of the actual company sent me an email stating the salary etc so what people are saying about agencies keeping money etc. don't have a clue 
Caporegime
Building up and carrying over holiday entitlement
As soon as you start a job you start to accrue (build up) your holiday entitlement. Whatever your total entitlement is, you must take the statutory minimum holiday every year. It is up to your employer whether you can carry over any other untaken days into the next leave year.
Accruals and leave years
There are two ways your employer will manage your holiday entitlement, through either a 'leave year' or an 'accrual' system (which can only operate in the first year of your employment).
Leave years
Your 'leave' or 'holiday' year is a term used to describe the period in which your employer expects you to take your annual leave.
In your employment contract you may have an agreement with your employer about when your holiday year runs (eg 1 January to 31 December). If you do not have an agreement then your year will start on:
•1 October 1998 (if you started work before then)
•the date you started work (if you started work after the 1 October 1998)
If you start a new job part way through a leave year then you will be entitled to a proportion of your leave, depending on how long is left in the leave year.
For example, if you start half way through the leave year then you will be entitled to half of your leave. This will then reset to the follow up at the start of the new leave year.
Similarly, if you leave your job part way through a leave year you will be entitled to a proportion of your leave.
You may find it helpful to use the holiday entitlement calculator on the Business Link website. It allows you to calculate holiday entitlement for full or part years based on the set days or hours you work each week.
Calculate your holiday entitlement using Business Link's calculator Opens new window
Accruals
Some employers run an 'accrual' system, where holiday entitlement is built up over the first year of employment. This means that for every month you work, you become entitled to one twelfth of your annual entitlement. So, after six months, you would be entitled to a half of your annual entitlement.
Accrual normally continues during statutory absences like maternity leave.
Carrying over holidays
You do not have an automatic right to carry leave over. Of your 5.6 weeks entitlement, you must take the first four weeks of the leave, in the year that it is allocated. You can only carry forward the additional 1.6 weeks' leave if it remains untaken, with your employers permission or if it allowed by your employment contract.
If you have a leave entitlement more generous then the statutory minimum, your employer may allow you to carry over any of this additional entitlement if it remains untaken. However, this should be set out in your contract of employment.
Payment in lieu for holiday or 'buying out'
You are not allowed to exchange any untaken statutory holiday entitlement for pay. You must take all of your statutory holiday entitlement each year.
As you can see, if you are a new starter, most companies would start with the accrued holiday for the first year.
In my company, we don't have a restriction in my contract, so if I was to leave after 2 months and have taken the 33 days holiday (which my contract states I am entitled too) then it is bad luck on my company.
I don't dispute that this is not the case for other companies and it is all down to your CoE. I will state it is bad practice to have this in your contract and if it was me, I would be arguing the case with my employers.
As soon as you start a job you start to accrue (build up) your holiday entitlement. Whatever your total entitlement is, you must take the statutory minimum holiday every year. It is up to your employer whether you can carry over any other untaken days into the next leave year.
Accruals and leave years
There are two ways your employer will manage your holiday entitlement, through either a 'leave year' or an 'accrual' system (which can only operate in the first year of your employment).
Leave years
Your 'leave' or 'holiday' year is a term used to describe the period in which your employer expects you to take your annual leave.
In your employment contract you may have an agreement with your employer about when your holiday year runs (eg 1 January to 31 December). If you do not have an agreement then your year will start on:
•1 October 1998 (if you started work before then)
•the date you started work (if you started work after the 1 October 1998)
If you start a new job part way through a leave year then you will be entitled to a proportion of your leave, depending on how long is left in the leave year.
For example, if you start half way through the leave year then you will be entitled to half of your leave. This will then reset to the follow up at the start of the new leave year.
Similarly, if you leave your job part way through a leave year you will be entitled to a proportion of your leave.
You may find it helpful to use the holiday entitlement calculator on the Business Link website. It allows you to calculate holiday entitlement for full or part years based on the set days or hours you work each week.
Calculate your holiday entitlement using Business Link's calculator Opens new window
Accruals
Some employers run an 'accrual' system, where holiday entitlement is built up over the first year of employment. This means that for every month you work, you become entitled to one twelfth of your annual entitlement. So, after six months, you would be entitled to a half of your annual entitlement.
Accrual normally continues during statutory absences like maternity leave.
Carrying over holidays
You do not have an automatic right to carry leave over. Of your 5.6 weeks entitlement, you must take the first four weeks of the leave, in the year that it is allocated. You can only carry forward the additional 1.6 weeks' leave if it remains untaken, with your employers permission or if it allowed by your employment contract.
If you have a leave entitlement more generous then the statutory minimum, your employer may allow you to carry over any of this additional entitlement if it remains untaken. However, this should be set out in your contract of employment.
Payment in lieu for holiday or 'buying out'
You are not allowed to exchange any untaken statutory holiday entitlement for pay. You must take all of your statutory holiday entitlement each year.
As you can see, if you are a new starter, most companies would start with the accrued holiday for the first year.
In my company, we don't have a restriction in my contract, so if I was to leave after 2 months and have taken the 33 days holiday (which my contract states I am entitled too) then it is bad luck on my company.
I don't dispute that this is not the case for other companies and it is all down to your CoE. I will state it is bad practice to have this in your contract and if it was me, I would be arguing the case with my employers.
Incorrect again. I was pointing out that since you replied so quickly, you obviously didn't bother to read other opinions since you are convinced you are right
Agency staff for contractors are different to those for permanent roles. You are correct that for contractors they can get better margins if they convince the contractor to work for lower amounts as quite often payment goes through the agent. For permanent staff their commission is generally based on wages as a %age or as a flat rate "finders" fee.