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Am I entitled to holiday pay?

2 replies

IDontDoIroning · 04/05/2011 08:02

Hi I have a very very part time job as a local community council clerk. It works out about 1 to half a days a week sometimes less/more. There are monthly meetings in the evening and I do all paperwork letters etc. Meetings are every month except for august when there is a recess. I don't do set days apart from meetings and there is no office so I work at home in the evenings/weekends.
I have never had a contract of employment.
I am paid a salary of approx £2.5k Tax is paid at basic rate as i have another job but no ni as it fall below lower limit. I get paid quarterly as it easier to do the tax return.
I have been doing this since 2003.
I didn't get a pay rise last year and am unlikely to get on this year.
I know no allowance was ever made for paid holidays at least since 2003
So am I entitled to ask for an increase equivalent to 5/52 to account for a holiday pay amount?

OP posts:
SandStorm · 04/05/2011 08:13

You are entitled to 5.6 weeks pro rata and as far as I'm aware this should be calculated on the number of actual hours worked so yes, you should be getting holiday pay, regardless of how part time your job is.

However, make sure that your monthly wages don't already include holiday pay on an accrued basis before you start asking for it.

MoreBeta · 04/05/2011 09:02

It depends on whether you are an employee, a worker or self employed.

Self employed people are not entitled to holiday pay.

The basic rights on holiday pay are set out here.

The definition of what is an employee, a worker or self employed is set out here.

I think it could be argued you are self employed as you have no set hours, no contract and you work for more than one employer.

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