Help - I undersold myself - quick reply needed!

[dazedandconfused2016]

Hi folks,
I'm a freelance/casual worker and have three different clients (which in our industry could change at a moment's notice.)

A new client got in touch and asked me if I was interested in shifts, so I asked them what their daily rate was. They said "Times are hard, it's £150." I and the client are in London (it's a poorly paid industry).

Which is not much less than what I'm paid on my most regular gig. So I accepted, having failed to take into account that all of my other gigs pay me holiday pay of about £20 a day on top of the normal day rate.

I realise that I accepted their rate but now I feel grieved because £20 a shift makes a big difference if they become a regular client (which they will want to because, without wanting to sound arrogant, I'm quite good and have been trained at the best company in the industry, plus have 25 years' experience).

I don't want to be ungracious as they are a lovely company and the work in easy and interesting. But I don't need the work at this time of year as I can get better paid work (with holiday pay) until about October.

I work as much as possible in the summer as that is my busiest time of year, to offset the slower period, which is November to April, when I am often down to three shifts a week, or at best four.

What do I do? Bin them and grab the better pay elsewhere while it's going or try to renegotiate?

I would have to own up and say I made a mistake in failing to take into account holiday pay.

OR.... I could ask them before invoicing them if they pay holiday pay, and at that I receive it at all my other gigs but just want to check as a courtesy before invoicing them?

Many thanks for reading - all advice appreciated please for this numpty freelancer who's putting this down to a potentially expensive lesson. Gaah!

[dazedandconfused2016]

Typo corrections:
the work is easy;
and that I receive holiday pay.... etc

[flowery]

You refer to them as "clients" and talk about invoicing them, but then describe yourself as a casual worker and talk about holiday pay.

Either the work is genuinely self-employment and therefore they are clients and holiday pay isn't applicable, or you are a casual worker and holiday pay is applicable. It's not something which is optional for the employer. Either you're entitled to it or you're not.

As you talk about "shifts" I'd say that sounds more like casual work, therefore holiday would apply, but in that case I can't see why you'd be invoicing them rather than just getting a pay slip.

Presumably they are sending you a contract or agreement of some kind. I suggest looking at that as a first step and seeing what kind of arrangement they envisage.

[dazedandconfused2016]

Hi Flowery, thanks so much for your reply. its complicated. I only said "client" because i thought it would confuse people. So forget "client" - my error! I said that because i am not on the permanent staff of any of the companies i work for. I work for three big companies on a regular basis as a casual worker but the work is not guaranteed. One employer guarantees me work every week as i have been there 10 years, although the days change, they are not fixed.
The other two companies book me as and when needed and the work is more sporadic - i may get 5 shifts a month or none at all. All of them pay me holiday pay.

Its not holiday pay that im concerned about so much (in a formal/legal sense) as the total monies paid to me for my services. Due to my iwn forgetfulness, ive done myself out if a higher rate and i now want to know whether i should back out if it or try to renegotiate the rate upwards by the equivalent of what i would have received in holiday pay at the the places. It' a protocol question rather than a legal question.

Sorry for typos but i am typing on iphone and being kicked by boisterous children sitting opposite on the train!

[dazedandconfused2016]

I signed something at the new company yesterday but didnt read the whole thing as the documents were voluminous. A Spanish person tried to explain the gist of it to me but i couldnt understand a word they said.

[HundredMilesAnHour]

I signed something at the new company yesterday but didnt read the whole thing as the documents were voluminous

Are you serious??? You signed something without understanding what it was? Why would you do this? I assume you have a copy? Suggest you read it ALL now.

As for renegotiating (or backing out), I think that will reflect badly on you. Between not reading documents and forgetting what actual day rate you need, you don't sound massively competent. Are you sure you're as good as you claim to be?! I hope you were just having a bad day.

I'd suggest moving forward with the contract you've agreed and then in 6 month's time, renegotiate your rate then. This is pretty normal in the freelance market.

[flowery]

" i now want to know whether i should back out if it or try to renegotiate the rate upwards by the equivalent of what I would have received in holiday pay"

But my point is either you are entitled to holiday pay or you're not, and it sounds as though you are, so check the contract to make sure you will be getting it and then no need to try and renegotiate after having signed it which will make you look ridiculous.

Have you got any reason to believe they won't pay you your holiday?

[JennyHolzersGhost]

Well if you've signed something then it's a bit late to renegotiate isn't it. I suggest you read what you signed and see what you've agreed to and then take it from there.

I was going to suggest that you contact them and say 'sorry, I was in a rush when I replied to you the other day and omitted to mention that the rate you have offered is lower than what I usually charge. I will accept the rate you've offered but it will be on the understanding that higher paid clients will get preference in booking me.'

[dazedandconfused2016]

JennyHolzer'sGhost: that is a good idea. Thank you for your positive suggestion. I may well use that. I checked today and I didn't sign any contract, only the company's security policy, to say that I won't look at dodgy websites or divulge sensitive information etc.

Flowery: thanks for your reply. I don't think I will be entitled to holiday pay as they asked me to invoice them. It's hard to explain without outing myself. I work in a particular sector of a broader industry at large and I've worked in that sector alone for 10 years and have always been paid holiday pay at every company I've worked for in that time.
I can work for three or sometimes even four different companies all in the same week, so I have no commitment to any one company, nor they to me.

However, I (unwisely, it seems) agreed a short work trial with the new company, which is in a slightly different sector, which generally pays less as a whole. I will look on the YouGov website to see if I'm due holiday pay from them though.

I've just completed the short trial period today and am not obligated to work for them again, but they told me they want me to come back and asked me to advise them of my availability.

I still have my better paying gigs so no harm done, and I don't need the work from them. I partly did it because I turned a job down with them a few years ago and have always wondered if I made a mistake. I wasn't overwhelmed by the place and am glad I turned the job down! So in that sense the trial has been worthwhile.

HundredMilesAnHour I find your comments ill-informed and unhelpful. You've obviously failed to properly grasp the fundamental facts of my OP as you've advised me to do six months at the new company, when that is not the basis on which I work - I have ongoing casual work with several companies and no commitment to any.

By the way, I am not paid to be super-organised or to have a good memory, I am paid for the knowledge I have about a particular subject, so you are way off the mark there, too.

I accept that I've overlooked an important financial aspect of this new work situation - but that is a mistake that will never be repeated. Have you never made an mistake in your life?

Moreover, if I am as incompetent as you suggest, why does the new company want me back? And why don't I need their work because I have plenty of better-paid work? I must be doing something right.

[flowery]

Holiday pay is nothing to do with sector or how much they pay, it's the nature of the relationship between the parties which governs your employment status. If you are a casual worker, you are entitled to holiday pay.

[AlexanderHamilton]

To add to what flowery says - rolled up holiday pay (adding an extra amount to your normal pay rate) is now illegal & you should be paid your full rate of pay for each day's holiday you actually take (subject to the statutory minimum).

[EBearhug]

If it's casual work, can't you just prioritise your two higher-paying employers, and only take work at this new one if you have nothing else on?

[dazedandconfused2016]

Hello and thanks so much to those who advised me. The situation was resolved. They asked when i was available to work again so I asked them if they paid holiday pay. They said "not on this occasion but if you became a regular worker you would be able to claim it". I said that I had really enjoyed working for them but for the next few months I would be busy working for the other companies, who paid higher rates and holiday pay on top. They said thanks for coming in, good to hear you're busy and do keep in touch. They were very nice. I am happy with the outcome and appreciate the time and trouble that posters went to to help me.