029 Holiday Entitlement For Furloughed Temporary / Agency Workers

This podcast builds on the earlier podcast done with Paul Chamberlain of JMW Solicitors looking at holiday for agency workers.  Today we are joined by Lewina Farrell, a specialist legal advisor to the recruitment sector, to specifically look at the issue of whether agency workers were entitled to holiday pay whilst on furlough.  We cover everything you need to know, including:

  • What is furlough and why is holiday during furlough unclear;
  • Official government guidance regarding holiday during furlough;
  • Recent tribunal case which found that an agency worker did accrue holiday during furlough;
  • Recent tribunal case which found that an agency worker did NOT accrue holiday during furlough;
  • What those cases mean for temporary workers.

We also briefly discuss holiday accrual for workers who were employed by umbrellas and subsequently furloughed.  Lewina simplifies a very complicated topic into just 30 minutes, well worth a listen if you aren’t sure!

About Lewina Farrell

Lewina qualified as a solicitor in 2004 and worked at a leading trade body in the recruitment sector for 12 years including 10 years as Head of Legal Services.  During that time she advised on lots of new legislation including in particular the Agency Workers Regulations 2010, GDPR and changes to IR35/ the Off-Payroll Rules in both the public and private sectors.  Lewina is very well respected and has worked with government departments, including HMRC and BEIS.  She has advised recruiters across a wide range of sectors such as construction, healthcare, logistics. IT, the GLAA sector and others.

Find out more on Lewina’s website:


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