Holiday pay- self employed

[Payday]

Hi,

 

Self employed builder here who works for a big housing firm.

 

Been here over 2 years now and work has dried up.

 

We receive 20 days holiday a year at £120 a day and every april you get a top-up bonus

 

Recieved last year's no issues now this year is a diffrent matter.

 

We have now been out of work with the company now for over a week and no contact. seems strange a month before April when they pay it?

 

Are we still legally entitled to it?

 

 

It works out basicly if say you earn an average of £200 a day over the year

That's £80 a day extra over the holiday pay so would be classed as the top up ammount so 20x80 = £1600 lump sum payment?

 

Where do we stand?

[Sidewinder]

Your problem here is the self-employed status. Being SE you have no statutory right to paid holiday, so this seems more like a 'bonus' from the organisation who is contracting you to work rather than it being actual 'holiday pay'

 

How are you paid? Do you invoice for your services or do you have a contract? If so, does the contract specify the rate of pay inclusive of 'holiday' or is it silent on the subject?

 

If it is a contractual rate then you have an argument for a breach of contract, but if the extra pay is purely discretionary, then I don't see how you can enforce it.

[Payday]

It's for Morris homes.. So a big firm no contract just lift prices for building houses fortnightly pay book in Thursday's one week paid Friday the next.. Is there no law that holiday pay has to be paid pro rata to what is earnt?

 

As we still haven't had word off them regarding not even being in work.

[Payday]

 

 

Letter from last year's pay

[ericsbrother]

the building trade is an oddity when it comes to classing people as employed or self-employed.

As you only work for the one company and they essentially provide all of the requirements to be considered employed then you are.

 

 

The awkward bit comes when you are employed with a 714 certificate

or whatever it may be called now that pays you gross (mostly).

If you are contracted to work for say a year then you are entitled to holiday pay as part of that contract.

 

Now last year they paid you an agreed amount plus a bonus based on your hours worked.

The latter bit is unlikely to be part of your contract so difficult to claim it unless something else

has made you believe that it will be paid come what may.

 

The other thing that is common is being laid off without pay for one of many reasons

- whether for example. An employer can only do this for a certain length of time

and only on a limited number of occasions without breaching the employment contract

so no work for a short time is not necessarily signs of trouble for the future.

 

 

It could be a supply problem such as a countrywide shortage of bricks

or it could be more serious like cashflow problems.

If the latter then you will know soon enough.

[Payday]

Well it's just nobodys been in contact. We've been in solid work right through same site for 2 yrs+ until last Friday. Now to us its not a money concern it's down to the fact we think they want to save the £3500 from the two of us to save paying it?

[Payday]

do we have any leg to stand on?

[ericsbrother]

did anyone give you reason to expect it by saying it would be paid as last year? If not then it is in their remit to pay or not

[Payday]

Not spoke regarding it, so there's nothing in law regarding holiday pay pro/rata to ammount worked?

[Payday]

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Here's all paperwork regarding this? Hope somebody's able to shed some light on the situation

[dx100uk]

follow the UPLOAD

 

 

put everything into ONE word doc

then file save as .pdf

and attach here..go advanced bottom right then manage attachments

[Payday]

Here's all paperwork regarding this? Hope somebody's able to shed some light on the situation

 

Is this correct?

payday.pdf

[Payday]

Any light on the situation?

[martin2006]

I think you probably have to wait until its due to be paid in april and see what happens.

No point rocking the boat until you are sure that they arent going to pay, you could simply be reading too much into the fact that you havent worked for a week.

As to being legally entitled to it, that would depend if the docs you have posted form part of your contract.

For now, wait and see if you are paid the holiday bonus when its normally due.

[Payday]

Well we have now since left the company as there was no work and have work elswhere. So we have alerted them and asked if entitled and there not sure.

[martin2006]

Put the request in writing and see what they respond with