Temp holiday pay limited by contract
A branch of high-street recruiter Office Angels has asked temporary workers to sign a contract which restricts their entitlement to holiday pay, Recruiter has learned.
Temp Elizabeth Swift signed up with Office Angels in Bournemouth, Dorset and worked for one of the agency’s clients for two weeks.
When her engagement was over, she put in a claim for the holiday pay she believed she was due but the agency said it did not pay holiday pay until temps had worked for five weeks.
However, UK law says temps are entitled to receive holiday pay from the very beginning of an assignment.
Her husband, a recruitment agency director, took the issue to the Recruitment and Employment Confederation, which advised that temps are entitled to holiday pay from the first day they start work.
Office Angels has since agreed to give Mrs Swift her holiday pay entitlement, but only if she signs a confidentiality agreement.
Responding to the claims made by Mrs Swift, a spokesperson for Office Angels said: “We are confident that we work within the framework of the Working Time Regulations and we believe our holiday pay policy reflects this. We are continually reviewing our policies in accordance with legislative and case law developments.”
Seán Lavin, employment partner at law firm Macfarlanes said: “There is no longer a waiting period before a temp is entitled to statutory holiday – this was abolished in 2001. Now the key issue is: when does the temp actually start to accrue this? The DTI and TUC seem to agree that holiday accrues monthly in advance from the start of service.”
