Not being paid for Xmas break

[Unicorn1981]

I started my job in November on a temp to perm basis. The company shuts down over Christmas from 23.12 to 3.1. So I can't work. The permanent workers take 4 days from their holidays and the rest are bank holidays. The temping agency say I get 20 days plus 8 for bank holidays however as I've only accrued two days and already used one I'll only get paid for one day. You have to accrue bank holidays as well as normal holidays. Obviously I understand that but surely bank holidays are a given? Well I've since looked it up and apparently not bit AIBU to think the agency are being quite unfair?

• but not bit

Sadly not. Later in the year you will benefit by having more bookable holiday.

You should get paid bank holidays, surely?

That's what I was hoping as a consolation lougle. No hermione apparently some agencies reserve the right not to pay!

That's shocking

Unfair morally yes but not legally unfortunately

I was in a similar position as a temp many years ago, having started in November I hadn't enough holiday to cover the bank holidays (although at least worked the non bank holiday days which sucks but it meant I didn't lose out by too much)

This is totally standard for agency workers I'm afraid, you have to accrue your holidays before you can take them. It works out about 12% of your hours already worked.

It is a pain in the bum but totally legal and fair, as you could quit tomorrow and they wouldn't be able to claim any holidays back if you'd taken them in advance.

It does sound like however that the agency worded it quite badly when they told you you got 20 days plus 8 bank holidays per year. They should have made it clear that you had to accrue the holidays in advance, and wouldn't just get paid automatically for the 8 banks.

The other temp was like 'of course you don't stop moaning' (in a jokey way) but I was pissed off for about two days. Good thing I enjoy the job.

I just hope the company pull their finger out in the new year and make me permanent. They seem happy with me. My boss is great though. I had to have a day off due to nursery being shut and she let me work the time up. And she said she thought I'd get paid for the bank holidays too.

If you stayed for a year when would you get the payment for the remaining bank holidays? The 3 that you won't be paid for this time? If it is in your contract to be paid for the bank holidays, as opposed to x days some of which might be bank holidays then they should pay them.

28 days over the year is 2.33 days holiday per month worked. So depending when you started in November and if they only count full month service then it is possible you have only got 2.33 days in the bank. Of which you have taken one, so one sounds about right.

Sounds normal, same as if you work part time, bank holidays are Pro-rata.

Chuck I'm guessing I'd just get to use them later on and if I got taken on by the company I'd get the money if I hadn't used them.

For stat holidays you accrue no matter when you start in the month - the government has a mid year starter calculator. However, it depends on when the leave year ends whether they must give you them. If it's Dec even if you started mid Nov you're due the allocation based on days worked. Fight your corner if this is the case.