holiday pay?

[Verging]

OK maybe if you are a regular Casual i.e working at least 3 shifts a week your already building up a fair amount of leave. Look at your payslip "hours accrued" and the rate. THAT'S HOW MUCH MONEY YOU HAVE IN YOUR "POT" that's all yours....claim it. Otherwise your giving your money to Angard. Your a casual ZERO hours contract you might not work ever again but you have just taken 20 hours leave for what? You won't be spending that money will you?

I still can't grasp how you can expect "leave" if your a casual. Your called into work (or your not) taking a "day off" when you would have had one anyway and basically paying Angard for it it's bonkers!

Do any of us think we will have a six week break? and has this been tested as I doubt if you have had long service dropping back £££ on your hourly rate would be a great test case for A tribunal ? Who knows but I just claimed 30 hours, had a great holiday with MY MONEY...and I'm still working.

CLAIM WHAT YOUR OWED!

I am aware of someone who had a 6 week break and he was put back to minimum wage. He had agreed prior to his break that if he booked some holiday that would pause the 6 week countdown but he was put back "automatically" by payroll. Took a considerable amount of "discussions" to get reinstated back to AWR qualification - even though prior to his break it was agreed holidays pause the 6 week countdown.

Personally, I do not see anywhere within the AWR regulations that says once qualified you can become unqualified and believe RM/Angard are using the 6 week break on counting AWR qualification as a break once qualified a little outside the spirit and meaning of AWR. A grey area which I am sure will get tested at some point.

I agree with the view that you cannot become unqualified after acheiving awr status . I have assurance from two sources, one being ACAS that the 6 week rule applies ONLY when attaining the 12 week qualification .

QUOTE 2nd source;

The rights of an agency worker cannot be revoked without the prior consent of the worotker
The 6 week break is only applicable for probationary purposes and cannot be used to avoid a workers rights in light of AWR.
Seems clear. The example could be if you qualified for awr with a company, left & returned to same company 8 weeks later,with same or different agency, your status would remain.

Not the way Royal Mail/Angard have interpreted the regulations and agreed with CWU. Some people have lost AWR after 6 week break.

[rogersh]

OK maybe if you are a regular Casual i.e working at least 3 shifts a week your already building up a fair amount of leave. Look at your payslip "hours accrued" and the rate. THAT'S HOW MUCH MONEY YOU HAVE IN YOUR "POT" that's all yours....claim it. Otherwise your giving your money to Angard. Your a casual ZERO hours contract you might not work ever again but you have just taken 20 hours leave for what? You won't be spending that money will you?

I still can't grasp how you can expect "leave" if your a casual. Your called into work (or your not) taking a "day off" when you would have had one anyway and basically paying Angard for it it's bonkers!

Do any of us think we will have a six week break? and has this been tested as I doubt if you have had long service dropping back £££ on your hourly rate would be a great test case for A tribunal ? Who knows but I just claimed 30 hours, had a great holiday with MY MONEY...and I'm still working.

CLAIM WHAT YOUR OWED!

I am aware of someone who had a 6 week break and he was put back to minimum wage. He had agreed prior to his break that if he booked some holiday that would pause the 6 week countdown but he was put back "automatically" by payroll. Took a considerable amount of "discussions" to get reinstated back to AWR qualification - even though prior to his break it was agreed holidays pause the 6 week countdown.

Personally, I do not see anywhere within the AWR regulations that says once qualified you can become unqualified and believe RM/Angard are using the 6 week break on counting AWR qualification as a break once qualified a little outside the spirit and meaning of AWR. A grey area which I am sure will get tested at some point.

I agree with the view that you cannot become unqualified after acheiving awr status . I have assurance from two sources, one being ACAS that the 6 week rule applies ONLY when attaining the 12 week qualification .

QUOTE 2nd source;

The rights of an agency worker cannot be revoked without the prior consent of the worotker
The 6 week break is only applicable for probationary purposes and cannot be used to avoid a workers rights in light of AWR.
Seems clear. The example could be if you qualified for awr with a company, left & returned to same company 8 weeks later,with same or different agency, your status would remain.

Not the way Royal Mail/Angard have interpreted the regulations and agreed with CWU. Some people have lost AWR after 6 week break.

I have obtained information which appears to discount the advice i was given & stated in my previous post.

quote
"We forwarded your query to our legal advisors and they have advised that according to Regulation 8 of the AWR, if an Agency Worker has completed the qualifying period, week 12 rights will continue to apply unless there is a break between assignments of more than 6 weeks. Therefore, even after completion of the 12 week qualifying period, if the worker has a break of more than 6 weeks, the qualifying period will start again".

Completion of the qualifying period and continuation of the regulation 5 rights
8.Where an agency worker has completed the qualifying period with a particular hirer, the rights conferred by regulation 5 shall apply and shall continue to apply to that agency worker in relation to that particular hirer unless—
(a)
that agency worker is no longer working in the same role, within the meaning of regulation 7(3), with that hirer; or
(b)
there is a break between assignments, or during an assignment, when the agency worker is not working, to which regulation 7(8) does not apply.


7(8) This paragraph applies where there is a break between assignments, or during an assignment,when the agency worker is not working, and the break is—
(a)
for any reason and the break is not more than six calendar weeks;

Taken from The agency worker regulations 2010 No 93 part 2 rights