Backdated paid holiday issue - agency reusing to pay out

[beastman1971]

I have worked as a temp for an agency that pays out for “holiday pay” where the holiday hasn’t been taken.

The problem is I wasn’t aware that I had to manually claim these payments during the year and that, according to them, they cannot be rolled over.

 

I worked for them in 2015 and 2016 (and this year) so I have in effect lost these payments as I have not adhered to their policy. (their policy is on their staff portal website and I think their contract, which I don’t recall ever seeing). I am annoyed as in the various numerous training I have had with them in terms of being compliant with their admin/paperwork as part of my duties they have never mentioned I had to claim these payments. In other words they have been very on the ball where it suits them.

 

Does anyone know if this is legal?

 

thanks

[Emmzzi]

Have a read of section 2.8 here https://www.lawsociety.org.uk/support-services/advice/practice-notes/archive/holiday-entitlement/11-october-2011/#cc2.8 I would also check your contract terms, and call ACAS once you have done that . However, I think your employer is correct and any pay now would be a goodwill gesture.

[beastman1971]

Have a read of section 2.8 here https://www.lawsociety.org.uk/support-services/advice/practice-notes/archive/holiday-entitlement/11-october-2011/#cc2.8 I would also check your contract terms, and call ACAS once you have done that . However, I think your employer is correct and any pay now would be a goodwill gesture.

 

thanks - sounds spot on that. Lost a couple of hundred pounds:sad: