Agency worker - missed annual leave/holidays

Cass

Not sure if here or legal issues is the better so depending on how the thread goes, Mods feel free to move.

My young lad is in his first full time job. He is employed through an agency. He was told that he had accumulated over 2 weeks holidays, but as he never took them, the company don't transfer holidays to the following year and don't pay out cash in lieu of holidays not taken, that he has lost them.

My understanding is the Agency is responsible for informing him of his leave.

So a couple of questions.

1. Who should have informed him or more accurately bears responsibility for informing him?
2. Is there anything he can do?

Technically he could take them now and not work again till January as it includes the two weeks the company take off/close for over Christmas/new year but i doubt they'll allow that with such short notice.

I try to help him and its only because i pushed him to ask about the Christmas break that he found this out, but i don't want to be the person that goes into his work and "fights" his battles for him. However i also don't like to see him losing out.

Never liked agencies, but its how the company takes in 85% of their workers, with contracts after "X" years of service, and he wanted to work there.

Any help appreciated.

Mrs OBumble

The agency is his employer and should have told him.

Equally he should have take note of the policy documents which they undoubtedly gave him, which contained the info.

He should ask if he can take the leave now, and if they say no get it in writing. Despite what they say, it's likely that the leave won't actually be deducted from his balance.

LegacyUser

If the company is closed over Christmas, the agency will hardly allocate him work with another company, so he will need those holidays for the Christmas period. Therefore he will be using the holidays this year. They can't just take them from him, if he only accumulated the holidays this year and he is going to use them before the end of 2019.

STB.

Read carefully. How many days have they taken this year ?



https://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/annual_leave_public_holidays.html

Cass

Mrs OBumble wrote: »

The agency is his employer and should have told him.

Equally he should have take note of the policy documents which they undoubtedly gave him, which contained the info.

I checked his documents and there is no mention of annual leave, or more accurately i cannot find it. Its his first job so mistakes will be made and he should have followed up before now with or without documents so while i blame the agency/company for leaving it this late to inform him, he should have asked before now too.

He should ask if he can take the leave now, and if they say no get it in writing. Despite what they say, it's likely that the leave won't actually be deducted from his balance.

He done this and its resolved now. He is being given the leave.

STB. wrote: »

Read carefully.

Done that before i posted the thread.

STB.

Cass wrote: »

Done that before i posted the thread.

Well if you did you would have seen the references to the working time act and minimum holidays that need to be taken in a calendar/contract year. And the procedures for when you can and cannot make someone take them in lieu etc. Its why I asked you the question about what holidays he did take.

I wouldn't want to the company who might knowingly breach it whilst also telling you that they will those lose those days not taken.

Cass

STB. wrote: »

Well if you did ....

I did, hence my comment in my opening post:

My understanding is the Agency is responsible for informing him of his leave.

Based on the information within it i gave him advice and it was resolved the next day.

I merely wanted to confirm my understanding, which was done when i read the post by Mrs OBumble. I had forgotten about the thread until you posted, otherwise i'd have updated it on the 11th.