A report recently published by the Middlesex University business school claims that workers are losing £1.3bn a year in holiday pay.
Many self employed workers or those on contracts of very few, or perhaps zero, guaranteed hours are not aware of their rights. It is workers, and not employees, who are entitled to legal protections including holiday pay.
The recent Uber judgment, which is subject to an appeal to be heard later in 2017, confirmed a legal distinction between self employed workers and the genuine self employed person. A worker would be a hair dresser treated as self employed and responsible for their own tax affairs, but who rents a chair from a salon and relies on that salon and its clients for work. A self employed hair dresser would offer their services to the wider public including advertising and so forth so as they were not primarily reliant on the salon or any other sole source of work to continue to earn.
The self employed worker would be entitled to be paid holiday pay whereas the genuine self employed person would not.
There are numerous industries that often use contracts of ‘self employment’ to avoid various legal obligations including holiday pay. Others include the call centre industry and the construction industry.
If you are considered self employed, but receive your primary income from one business either now or at any time within the last year, we may be able to assist you on a no win no fee basis to recover the holiday pay you were entitled to and deprived of.
Call MJV & Co Solicitors today on 01253 858 231 or e-mail firstname.lastname@example.org