You are currently viewing Week 12 Entitlements AWR (Agency Workers Regulation)

Week 12 Entitlements AWR (Agency Workers Regulation)

How is Holiday Pay Calculated for Agency Workers?
At Nations Recruitment we calculate the holiday entitlement for temporary workers as an accrual of the hours worked. This is the best way to calculate the holiday entitlement as temporary workers work on a casual basis or have irregular hours.

The holiday entitlement is 5.6 weeks, 28 paid days of annual leave. This can include the eight public holidays that individuals are entitled to in the UK. Nations Recruitment Holiday Year runs from 1st January to 31st December each year.

Here’s an example:

Holiday pay it is accrued every week on your weekly basic pay only which is added to your “Holiday Fund ” this figure is prorated depending on the hours or days you work.

The Agency Workers Regulations (AWR) gives agency workers the entitlement to the same or no less favourable treatment as comparable employees with respect to basic employment and working conditions, such as pay and annual leave, if and when you complete a qualifying period of 12 weeks in a particular booking, then the extra holiday element of any additional holiday pay (if any) will be shown as a separate line on your payslip under “Leave details”:

You always need to confirm the holiday with your manager first and notify us of the days you are requesting as holiday by email at: info@nationsrecruitment.com

Please note that if you do not work some days and have not notified us or requested it as holiday, we will not automatically process it.

We cannot pay holiday in lieu, Holiday pay should be paid for the time when annual leave is taken or at the end of the booking if your booking finished before of the end of the leave year (1st Jan-31st Dec), this is a statutory requirement which aims to protect your rights and ensure you have the opportunity to take days off. An employer cannot include an amount for holiday pay in the hourly rate (known as ‘rolled-up holiday pay’) the only amount we are allowed to roll up is the AWR element of extra holiday entitlement as above.

You also need to make sure that you take your holidays during the leave year (1st January to 31st December) as we do not carry forward any unused holiday pay into the next leave year and any holiday funds not used will be lost. We will always monitor the amount of holiday you have accumulated and notify you to take it as we are approaching the end of the year.

You can check your employment status to see what your entitlement is.

Carrying forward untaken leave

The Working Time Regulations 1998 do not specify that annual leave can be carried forward. This is because the purpose of the law is to ensure that workers take sufficient rest, and not taking their annual leave is not achieving this. We aim, therefore, for workers to take all their leave within the leave year.

However, situations do arise when leave cannot be taken and if this occurs we could allow workers to carry forward their leave.