You should receive at least 5.6 weeks paid annual leave.
In the past, some agencies tried to get round this by saying that your hourly pay rate included holiday pay, and that they therefore do not have to give extra pay if you take a break. However, as a result of a decision by the European Court of Justice, this practice (known as rolled-up pay) is unlawful, and agency workers have a right to receive payment on days they take as holiday.
As an agency worker, your hours and pay may vary considerably over time. If this is the case, your earnings over the most recent 12 week period are divided by the hours worked over the same 12 weeks to give you an average hourly rate - and this is used to determine your holiday pay. If you did not do any work at all in one or more weeks, you simply discount that week and move to the week immediately before it, until you have a total of 12 weeks' work and pay on which to work out your average hourly rate.
Also, as of 11 October 2011 agency workers will have the right to the same basic terms and conditions as directly employed workers (after being in the job for 12 continuous weeks).
If you’re in doubt about your entitlement, seek further assistance from your union, or one of the sources on our free help page.
