Holiday pay agency

[anonymous-user]

I'm working on temp role ongoing.

I've been advised by my agency they are paying our holiday pay in wages. It is in the contract issued to me.

The issue I have is there is nothing on wage slip, in the job advert and doesnt sound very legal?

[Road2Ruin]

It isn't legal. Holiday pay van only be paid when you take time off. 'Topping up' an hourly rate hasn't been legal for years. Although getting the money out of the agency would be tricky if they didn't want to play ball.

[NordicCrankShaft]

When I was an agency chef last a year or so ago, they used to pay us holiday pay that was 12.5% of our hourly rate and it would be banked and shown how much we had accrued on our wage slips we could then use it up at a time of our choosing provided we weren't working.

[mcflurry]

Are they paying a higher hourly rate to make it up?
i.e they promise you £10 an hour but pay £11?

[R56Cooper]

Yep paying this way is known as "rolled up" holiday pay and is unlawful.

In practice, it's still widely used, particularly for short term casual work.

Provided you have adequate time off work to rest and the payslip is clear about what constitutes wages and what amounts to holiday (and it marries up with the rate agreed in the contract), there shouldn't really be an issue.

[anonymous-user]

Spoke to the agency again to advise about holiday pay, and that other agencies are now getting more pay than me, same job, as well as been there for 10 weeks and what will happen after 12 weeks when i get compatible pat to a full timer, the agency had no clue. Very frustrating as i just want what is legal entitled.