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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To have asked for my holiday pay up front?

3 replies

NewYearNewName111 · 20/01/2019 17:09

I'm a freelance HGV driver who generally works for driving agencies on a PAYE basis.

I've recently been getting my holiday pay added to my hourly wage for the reasons I'll explain below. The manager of another agency I spoke to today acted really shocked and told me it was straight up illegal etc.

The problem is that I'm on the books of almost ten different agencies, who I jump around in a non-linear fashion - a week here, two days here, several months here.

I've only been driving for a year and I've taken less than a week's holiday since early 2018, mainly because I've had a fair few days without placements (not an issue lately) so I've had plenty of long weekends without taking holiday.

The issue is that I've now likely accrued slightly over 20 days leave between ten different companies, and there are a fair few more who I've only done the odd day for (so maybe 16-17 in total).

How on earth would I go about managing this leave entitlement? When I did office work I would just get my P45 and outstanding holiday pay when moving company, but I want to stay on the books of all of the above.

OP posts:
BarbaraofSevillle · 20/01/2019 17:46

If HGV agency work is anything like building site agency work you can get your holiday pay rolled up into your hourly rate and it's not illegal unless your hourly rate without the holiday pay falls below the NMW.

The way you take holiday is just by not working and I think it is up to you when and how many holidays you take, although I don't know how this works with the working time directive or any limits on how much time off HGV drivers take. Because you've been paid for your holidays as part of your pay, you don't get any paid holidays as such.

If you want time off you just don't take any jobs, and it's up to you to manage any gaps in the pay you receive by putting money aside when you do get paid.

What do you mean by 'managing leave entitlement'? If you want to receive holiday pay like you would in an office, and you have earnt holiday pay tthat has not been included in the money you have already received, there will be a system run by the relevant agencies, so if you think you are owed holiday from some of the agencies you work for, you need to ask them how you get your holiday pay.

NewYearNewName111 · 20/01/2019 18:17

It sounds like I'm going to just have to contact the payroll provider of all 16 companies. Assuming I can just say I want to book x days leave, even if not currently on an assignment from them?

OP posts:
PookieDo · 20/01/2019 18:39

I get my holiday pay paid to me in my salary and I have a zero hours contract. If I can’t work I tell them. I don’t have to book the leave I just do not work on X particular day and I have already been paid for it (12% per month in my wages)

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