Holiday for agency workers

[Needingadvice2021]

My partner is employed full time with a company through an agency. He has worked there since February this year. He keeps being told that there is no holiday or holiday pay for agency workers. He has been told this by the agency and the company he is working for.

Is this correct, as whenever I have worked for agencies before, I have always accrued holiday pay? Albeit i haven't do this for a few years now.

It is becoming a real issue as he has worked now since Feb with no leave at all and has now been told he can't take any in the months to come either - he is meant to be there till December. He is already looking for something else.

Would appreciate any advice.

It is known that some agencies pay a higher rate if pay to rile holiday pay into your daily pay rate. So you can take a break, but you won’t get paid.
It’s a downside to agency working.
Not all agencies do this, and I’m not entirely sure of the legalities. However, it is notoriously difficult to get holiday booked even when paid it with certain agencies.

No that’s not right. All workers are entitled to holiday- whether they are working directly or through an agency doesn’t affect that.

Does he have a contract of any kind?

He does have a contract but it is annoyingly vague and just says holidays must be arranged through your employer, nothing about pay. He is also being denied any time off unpaid at the moment, which is what prompted this post. I just wanted to make sure I was correct before I advised him to approach HR.

Sorry, meant to add, thank you both for responding

I haven't worked agency myself but in my sector have heard of people being allowed holiday but it is unpaid - this is compensated for by above average hourly pay. For example a "normal" worker would get £16 p/h but an agency worker would get £26 so I'm assuming higher rate of pay to compensate for no holiday pay etc?

www.gov.uk/holiday-entitlement-rights

This says agency workers are entitled to the usual 5.6weeks worth of holidays

Op. Be careful about approaching hr regardless of the law. Your dh could suddenly find himself without shifts and possibly blackballed by agencies. (Happens).
If he can’t get time off it’s sometimes wisest to just switch agencies.
Win the battle but lose the war as the saying goes.

I thought they weren't allowed to pay a higher rate and give you no holidays anymore. I'm sure he's entitled to paid leave. He isn't entitled to take it exactly when he wants though. Is this a reputable agency? It doesn't sound like it.

Thanks for all of the responses. I do also have the same concern Bargebill19 if I am honest.

The issue with this role is that the shifts are all over the place and he never has two days off in a row, so by this point he really does just need a few days off, paid or not. We are somewhere whether there aren't that many jobs at the moment but I think I am going to keep telling him to find something else and we can deal with this issue once he has secured another role. It is just rubbish for him.

Doyoumind. Very reputable employer that is only supplied by one agency in this area - hence the issue or we would have switched agency already. Primarily I wanted to check he isn't being screwed over by having accumulated holidays and pay and being told he hasn't when that isn't true.

In my experience agency workers do accrue holiday pay. I know this as I was working as a recruiter when the change in guidance/law was introduced and had to explain to all my workers that their take home hourly rate was going to reduce but that they would be entitled to 28 days paid leave a year.

Workers paid through an umbrella company are usually given a choice as to holiday pay being deducted and banked or paid up front. Ltd company workers are paid everything up front.

Op. Is there any chance of the employer taking him on as permanent staff? (Not the agency but on the company books).
Might be worth him asking? He’s done the slog to prove he’s reliable etc.

@Needingadvice2021

Doyoumind. Very reputable employer that is only supplied by one agency in this area - hence the issue or we would have switched agency already. Primarily I wanted to check he isn't being screwed over by having accumulated holidays and pay and being told he hasn't when that isn't true.

If your partner works for a very reputable employer via an agency then there may be some leaverage he can use.

The reputable employer has a responsibility to ensure agency workers are given the same T & Cs as employees www.gov.uk/contract-types-and-employer-responsibilities/agency-staff.

Your partner could contact the reputable employers HR and diplomatically ask what his annual leave entitlement is and how to apply for leave. He needs to act a bit clueless and keep saying I’ve not had any leave since Feb and x (name of agency contact) says I am not entitled to any leave and I don’t understand why can you help me as I’ve not had a day off in x months.

If the employer is reputable their HR will jump on this and start asking questions of the agency.

Legally your partner is entitled to 5.6 weeks paid leave which includes the 8 Bank Holidays. An employer/Agency cannot pay someone not to take their leave, in fact an employee cannot voluntarily give up statutory leave for pay.

ACAS can provide specific advice. If either the agency or the reputable employer have a trade union your partner could also ask them even if not a member.

I appreciate your partner needs to be careful until he can get a new job/permanent role but at some point he may need to take action.

HTH