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Temps: do we get paid holiday?

by Work Rights Expert, Rachel Lewis

question
I’m working as a temp for a medium-sized agency. I have been getting jobs through them for about three months and now want to take a few days off as a holiday. Should they be paying me for these days?

answer
Under the Working Time Regulations (WTR) all 'workers' are entitled to four weeks' paid annual leave - pro rata for part-timers. A worker is basically anyone who is not in business on their own account - so assuming this agency has been placing you in temporary jobs it's likely that you will fall within the scope of the Regulations.

When the WTR were implemented in the UK, the government imposed a 13-week 'qualifying' period before workers were entitled to take annual leave. The courts have now decided that this was unlawful and contrary to the spirit of the original European Directive. The government is in the process of modifying the UK law to remove the 13-week requirement. You should look carefully at any contract you have with your agency to see what it says on the subject in order to establish your annual leave entitlement. You'll also need to think about the overall contractual relations between you and the agency. Many agencies have tried to pass on the responsibility for paying holiday to their clients, or have simply argued that temps aren't entitled to paid holiday. They may try to say that you have no direct contract with the agency and they're simply acting as a brokerage service, or that you're a genuine freelancer who falls outside the scope of the regulations.

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