Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Holiday Pay for Employees. Employment Law Experts?

2 replies

FANTINE2 · 01/10/2017 17:26

For the last 6 years I have worked on a self employed basis proving specialist subject teaching to Primary schools.
Although technically self employed i have basically worked for a business, i.e. they would place me in schools, provide the curriculum etc, and I would invoice them every month.
However the Local Authorithy have now under Government guidelines decided that the Company I work for should make me, and 20 other similar associates employees.
This does give us benefits, NI contributions paid, Sick pay etc. All welcome. However, I feel that they are trying to get out of paying us holiday pay. They have stated that previously our hourly rates included holiday pay. I am almost certain that this is not true. Nothing was ever mentioned, and we were always given to understand that we would not be paid in the holidays. They continue to state that we are term time only employees, so i am wondering if this is the way in which they are getting around the issue,. We are at present waiting for our new contracts.
Can anybody with knowledge of employment law advise?
I am fairly sure that what they are trying to do is Illegal.

OP posts:
Redcliff · 02/10/2017 00:59

Term time employees still get paid holiday and employers are are not allowed to roll up holiday pay into your normal pay (i.e say that its all included. I would directly ask them how much holiday you get and go from there

prh47bridge · 02/10/2017 18:28

This may be a question of semantics but employers can roll up holiday pay provided it is clear and transparent. So, for example, saying you will be paid £15 per hour including rolled-up holiday pay is not ok, but saying you will be paid £13.50 per hour plus £1.50 per hour rolled-up holiday pay is fine. The amounts must also be shown separately on payslips. It sounds like your employer has not been complying with this so you may have a claim against them on the basis that they have not been providing you with your statutory unpaid holidays.

Your relationship with your employer is changing and you will get a new contract with new terms and conditions. The employer can offer you anything they want regarding pay - more or less than you are paid at the moment. If you are only paid during term times they must also pay you for your holiday entitlement. They could, however, deal with this by offering you a lower pay rate than you have been receiving to date, leaving you no better off.

New posts on this thread. Refresh page