Are agency kitchen porters entitled to holiday pay?

All agency-workers in the UK are entitled to a statutory minimum of 5.6 weeks (28 days) of paid holiday per year — pro-rated to hours worked. For kitchen porters, this is built into the hourly rate one of two ways.

How holiday pay is delivered

Two models exist:

1. Accrued and paid: the agency accrues holiday pay each hour worked and pays it out when the operative takes leave. The hourly rate reflects the post-accrual figure.
2. Rolled-up: the agency adds a per-hour holiday pay element directly onto the worked hourly rate, so the operative receives it inclusive of every shift's pay. This was previously unlawful but is now permitted under the Working Time Regulations 2024 update.

We use the accrued model — the operative builds up entitlement and takes paid leave, which we administer.

What this means for the operator

The hourly rate you pay includes the holiday pay element. There is no separate charge. You pay one all-in rate per hour.

The Agency Workers Regulations 2010 — the 12-week threshold

After 12 weeks of continuous engagement with the same hirer, an agency worker gains entitlement to the same basic working conditions as a directly-employed equivalent. This includes pay, working time, holiday entitlement, rest breaks and (in some cases) maternity rights.

In practice for KP cover: after 12 weeks of placement at the same kitchen, if your in-house KP rate is higher than the agency rate, the agency operative's rate must match. We handle this automatically — you do not need to track the 12-week clock.

What to check on your invoice

Look for:

• One all-in hourly rate, no separate holiday pay line.
• Confirmation that the agency operates PAYE (not umbrella).
• Compliance statement referencing the Working Time Regulations and Agency Workers Regulations.

See our KP agency service.