fixed term contract (through agency) am I entitled to Annual Leave and Bank Holidays

F

fgl

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Hi everyone.

I am currently working on a six month fixed term contract and have just over two months left to go.

At the start of the contract I confirmed with the agency I am working for that I was entitled to holiday pay and to bank holiday pay.

My first two paychecks included all pay including that due for bank holidays and holidays taken during the relevant periods.

My last paycheck was short two days, which were two holidays I had taken.

After querying this with the agency, I was informed that my daily rate pay included pay for holidays and I am not entitled to be paid for bank holidays.

Now if I take my daily rate and multiple it by 260 (total working days in a year) it amounts to the yearly total I was told I would be paid. If I multiply it by 230 which is total days less 20 days holidays and 10 bank holidays the figure is reduced by several thousand.

The agency claim that they made an error with my initial paychecks and they are "kindly" not going to recoup the money which I was erroneously paid.

Is there any recourse I can take with them?

Thanks
 
Re: contract issues

fgl said:
After querying this with the agency, I was informed that my daily rate pay included pay for holidays and I am not entitled to be paid for bank holidays.
Click to expand...

Any employee who works up to the day before a Public Holiday (Friday, if it's a Bank Holiday Monday and your working week is Mon-Fri) is entitled to payment under Employment Legislation. The only exception is for part-time workers, who must have worked at least 40 hours in the 5 weeks prior to the Public Holiday in order to qualify.

We employ contractors regularly, and they are always paid for Bank Holidays. No matter what the terms of your contract are, they cannot by law be less than your statutory minimum entitlements. Check out for more info.
 
Re: contract issues

I mailed my agency on this and they responded:

Accounts have advised that you should not be billing for Bank holidays. (AGENCY) will only pay these days if you actually worked on the day

I'd be interested in hearing what other contractors have to say on this. I myself have never billed for bank holidays.
 
Re: contract issues

Hello

I worked as a contractor (own company, daily rate fee basis etc) for several years. Payment for bank holidays depends on the nature of your contract. If, like me, you are paid a daily fee, and you invoice the client / agent at the end of the month for days worked, then you would not be entitled to be paid for days that you did not work. As you are working for your own company, employment legislation does not work in the same way as for a typlical 'employee'. This flexibility is one of the main reasons for hiring contractors in the first place. As a contractor however you can negotiate premium payments for these days.

If, on the other hand, you get paid a salary and are classed as an employee, although on a fixed term contract of employment, you are fully entitled entitled to all the benefits enjoyed by your co-workers in accordance with relevant employment legislation.

SM
 
Re: contract issues

thanks for the replies, I finally managed to resolve this with the agency, and they reimbursed me the pay I was owed.
 
Re: fixed term contract (through agency) am I entitled to Annual Leave and Bank Holid

Hi fgl,

Good to hear that you have resolved the matter.

I have expanded the title and hope that it reflects your question correctly. Let me know if it doesnt.

aj
 
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