Missed Holiday Pay on 2019

[Rasol]

Good Morning Everyone,

I hope you are all doing well.

I wanted to ask you a few questions about the Holiday pay. I checked my contract and the law also says that if they are not claimed 6 weeks after 31 of December of 2019, they are considered forfeited.

However, I wanted to simply ask a few questions.

1 - Despite the fact that I had to be aware of the terms of my own contract, wouldn't it be fair to say that in a modern society where people can work from home and get tons of adds as notification, the umbrella could have at least send mail, a call, anything ? After all a service company is supposed to take care of its workers, isn't it ?

2-Regarding the law - In which situation anyways, a worker would give up on his own 28 days worth of salary ? For that matter, I consider that the umbrella should have paid me automatically the unrequested leaves. Because to me it's just common sense.

3- The UK does not allow rolled up pay leaves, I have lost my 2019 holiday pay, why do I feel like there is some sort of sabotage going on, where the UK and the umbrella companies are working together into this ?

4- At last, Would it not be fair to say, that any employee at the umbrella in finance could have had the kindness to send me a reminder but didn't and that's absolutely awful ?

Thanks for your time.

Rasol.

[WTFH]

So, are you saying you didn't take any holidays in 2019, you didn't do anything about claiming the money back for 3 months, and now you think it's someone else's fault?

[northernladuk]

There is an Umbrella section for questions such as these.

https://www.contractoruk.com/forums/umbrella-companies/

What did your employer say about this when you spoke to them?

[Lance]

what law says you forfeit the pay, or holiday, after 6 weeks? Or did the umbrella tell you this?

are you still employed by them? My understanding is that if you don't take your annual leave, then they MUST pay you extra. Obviously there are rules around carry over that are employment specific. And employers will often enforce you to take your leave at a time of their choosing.

[northernladuk]

You are not in some sort of scheme that gives you loan payments or whatever instead of doing it properly are you?

[Rasol]

So, are you saying you didn't take any holidays in 2019, you didn't do anything about claiming the money back for 3 months, and now you think it's someone else's fault?

I did, i just didn't know I had to tell my umbrella as well. I'm just a beginner, there are probably loads of stuff i don't know. I most definitely read what the contract says but I forgot. Listen, to me it's just way to obvious that carry over should be instantly paid to the worker. It doesn't make any sense, who would simply forfeit 28 days of salary?

I'm not saying it's anyone's fault, i'm just saying the contract is not making any sense, the unclaimed holiday should not belong to the umbrella, it should be sent directly to my bank account. There is the law and there is what makes sense. In my opinion there is something wrong about their clause.

My colleague is working with MCS he automatically gets his unclaimed holidays at the end of the year. Why other umbrella are not doing the same?

[WTFH]

I did, i just didn't know I had to tell my umbrella as well. I'm just a beginner, there are probably loads of stuff i don't know. I most definitely read wjat the contract says but I forgot. Listen to me, it's just way to obvious that carry over should be instantly paid to the worker. It doesn't make any sense who would simply forfeit 28 days of salary?

I'm not saying it's anyone's fault, i'm just saying the contract is not making any sense, the unclaimed holiday should not belong to the umbrella, it should be sent directly to my bank account. There is the law and there is what makes sense. Laws that does not make any sense must be changed to serve the workers.

It's not more complicated.

My colleague is working with MCS he automatically gets his unclaimed holidays at the end of the year. Why other umbrella are not doing the same?

Which umbrella are you using?

[Rasol]

what law says you forfeit the pay, or holiday, after 6 weeks? Or did the umbrella tell you this?

are you still employed by them? My understanding is that if you don't take your annual leave, then they MUST pay you extra. Obviously there are rules around carry over that are employment specific. And employers will often enforce you to take your leave at a time of their choosing.

That was also My understanding apparently not.

[Rasol]

Which umbrella are you using?

Carbon60

here is the section of the contract that got F'd

STATUTORY LEAVE
5.1 For the purposes of calculating entitlement to paid annual leave pursuant to WTR under this clause, the leave year commences on 1 January in each year and ends of 31 December.
5.2 Under the WTR the Temporary Worker is entitled to 28 days’ paid leave per leave year. All entitlement to leave should be taken during the course of the leave year in which it accrues, however any untaken holiday can be carried over to the next holiday year but must be requested and taken within the first 6 weeks of that holiday year. If the Temporary Worker is entitled to 28 days statutory leave pursuant to the WTR, a maximum carry over of 8 days shall be permitted. The maximum carry over will be adjusted depending on the holiday entitlement of the Temporary Worker pursuant to the WTR. Any holiday which has been carried over but has not been taken during the 6 week period will be lost. Holidays requested and taken within the initial 6 weeks of the following holiday year will be taken from any brought forward holidays first (if any exist) and then from holidays accrued in the current holiday year. Under AWR, on completion of the Qualifying Period the Temporary Worker may be entitled to paid and/or unpaid annual leave in addition to the Temporary Worker’s entitlement to paid annual leave under WTR. If this is the case, any such entitlement(s) and the date from which any such entitlement(s) will commence and how payment for such entitlement(s) accrues will be set out in the Assignment confirmation or any variation to the same.
5.3 Where a Temporary Worker wishes to take paid leave during the course of an Assignment he should notify the Employment Business of the dates of his intended absence giving notice of at least twice the length of the period of leave that he wishes to take. In certain circumstances the Employment Business may give counter-notice to the Temporary Worker to postpone or reduce the amount of leave that the Temporary Worker wishes to take and in such circumstances the Employment Business will inform the Temporary Worker in writing giving at least the same length of notice as the period of leave that has been requested.
5.4 Entitlement to payment for leave accrues in proportion to the amount of time worked continuously by the Temporary Worker on Assignment during the leave year. The amount of payment which the Temporary Worker will receive in respect of periods of annual leave taken during the course of an Assignment will be calculated in accordance with and paid in proportion to the number of hours which the Temporary Worker has worked on Assignment.
5.5 In the course of any Assignment during the first leave year the Temporary Worker is entitled to request leave at the rate of one-twelfth of the Temporary Worker’s total holiday entitlement in each month of the leave year.
5.6 Where a Bank Holiday or other public holiday falls during an Assignment the Employment Business may at its discretion request the Temporary Worker upon giving 1 week’s notice to take a Bank holiday or other public holiday as part of his paid annual leave entitlement.
5.7 The Temporary Worker shall be entitled to a payment in lieu of any untaken leave where the amount of leave taken is less than the amount accrued in accordance with Clause 5.4 above.
5.8 None of the provisions of this clause regarding statutory entitlement to paid leave shall affect the Temporary Worker’s status as a self-employed worker.

[Paralytic]

You posted this in the Umbrella section of the forum, but it looks like your contract is with these guys.

Workforce Solutions | Carbon60

Are you sure you're working via an Umbrella-type contract?

As for your original query - its pretty standard in employment - holidays are use-or-lose (unless otherwise agreed). You had the opportunity to use the carry-over in 6 weeks but did not. Expecting an employer (or Umbrella, or Agency) to manage your holidays for you is a bit naive.

You can go speak to Citizens Advice, and see what they say?