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PAYE Temporary Contractors Holiday Pay?
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We have just had a scenario whereby a long-term temporary contractor (in their job longer than a year) has lost out on holiday pay, despite taken all time off. The scenario is...
Mr X starts work through an agency on 1 January and agrees to be paid on a PAYE basis. He takes his full holiday entitlement of the year (28 days) by the end of September:
- 2 weeks in April
- 2 weeks in July
- 2 long weekends in September
Obviously, as a temporary contractor, he had not accrued the holiday by the time that he taken all leave so did not get paid it all. But, as he has successfully completed one full year, it turns out that he has "sacrificied" 7 days holiday pay at 31 December, despite going on leave for the required length of time.
Would he be entitled to have that "sacrificed" 7 days paid to him at his anniversary date when it is evident he has taken the time off?
1 Answer
- C RLv 41 decade agoFavorite Answer
I would recommend you contact ACAS (Advisory, Conciliation and Arbitration Service). Obviously you need a concrete answer and not a guess or someone else's experience to ensure this doesn't turn into a dispute. ACAS would be able give you better information about this than the CAB, and they will point you in the right direct for more advise if needed.
You can contact them on: 08457 47 47 47 (Mon-Fri 08:00-18:00) for free advice. The website is at http://www.acas.org.uk/index.aspx?articleid=1461
I've found them very helpful in the past. Hope this helps.
