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.