Saturday, October 31, 2009

Is it legal for an agency to forfeit your holidays if you dont use them between 1st april &31st march?

i worked for one from jan 07 till 7th april 07 and thought when i moved full time to the company books i would be paid at least 1 weeks holiday pay. gutted to be told they are forfeited. is this legal as i dont think i was informed of this when i signed on with them. this is a question for u.k. working guidelines only
Answer:
The Working Time Regulations 1998 provide workers with a statutory minimum right to annual paid leave. This is a minimum framework and agency workers may benefit from more generous contractual terms. You should check your contract to provide services, written statement of particulars or agency handbook/guidelines for any contractual entitlements.

I would point out that holiday entitlement does not necessarily run from April to April unless so stated in the contract for services. If it If it is not defined, it is the year period starting on each 1 October if the worker was in the employment on 1 October 1998, or the year period starting on the first day of the worker's employment, and on the anniversary in each subsequent year, if the employment started after 1 October 1998.

Now a bit of lateral thinking. If you forfieted your holiday entitlement. perhaps the question is not whether you should have been informed of your entitlement but rather whether you should have been encouraged to take any leave owed. DTI guidelines on the WTD provides that employers must provide workers (incluidng agency workers) with a written summary of their holiday entitlement and should encourage the worker to use their entitlement to avoid a breah of the WTD. If that was not done then the agency is in breach of the Regulations and could be fined. All employers are able to allow 5 days holiday to be taken in the next entitlement year so if you were not properly informed of your holiday entitlement then there may be room for negotiation.
Check your small print
Yes same thing happens at my company.
I believe the NHS also has the same policy, sorry!
You have to take them before the new tax year,april.
Yes, cuz its their tax year or something
If you work for Local Government then you can only carry your annual leave over from one financial year to the next in circumstance deemed exceptional.
Everyone above me is correct, but, only if you were advised beforehand.

Like the other answer says, check your contract, if it says it in there, then you've had it.

If not, take it up with your employer. They are not entitled to impose a penalty in circumstances where you were not forewarned.

Good Luck
This should have been spelled out in your contract of employment.
If you have not received a contract of employment, you should contact the relevant authorities, to see if you can make a claim.

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