Is my work breaking the law?

gabyjane

Ok talking to my sister about work got me thinking about something iv'e been meaning to ask..starting from scratch so as not to confuse anyone!

I have 2 jobs..one employed one self employed. In the employed one a few weeks ago i found out 2 staff who i work with were getting paid each month more than me BUT they do not get holiday pay, this is added onto their pay each month..is it called 'rolled up pay'?

Anyway i thought it was a great idea as struggle to use my holiday due to the hours i work and it was finally agreed when i asked to do the same and a figure, all was well. My boss then tactfully (not), mentioned infront of another member of staff (there are 4 of us) who i work with every day who has been quizzing me over it for days now.

Last week i got into work and there were 2 clocking in cards for me..i had no idea why and carried on using the older one like everyone else..this person i work with likes to check everyones card (long story) so when i mentioned it he asked me what it was like being self employed..i said 'what' in a confused voice not knowing what he meant! He says by law the way i am now paid means i should be self employed..i disagree and said if i was surely i would have gone to my bosses and TOLD them what i charge etc not agreed a price with them like i do in my SE job?.tax is not relevant as dont earn that much.

He also said i should be careful as have now lost my 10 years service with them? (i have worked for the same co for 11+ years now, used to be full time)..again i was confused and said 'what exactly do i lose'? he seemed a bit thrown then and said any benefits (which we dont have anwyay) and any redundancy?

Is he right or just not getting across fully what he means? Should i be pulling work up on this or just leave it? Obviously if i'm in the wrong surely the other 2 are aswell?

Thanks for any replies x

Weirdlittleman

Your colleague is an idiot who should stop talking about what he doesnt know about
The holiday pay situation is potentially illegal depending on how it is processed. If they give you the holiday but you have opted to be paid for it then if it appears on wage slips as "holidays" should be ok. If they simply increased your salary then arguably your not getting holiday. Of course it would be for you to complain and your not likely too.

Hammyman

By law you have to take 5.6 weeks off work. There is no workaround. Rolling up is technically illegal after an EU case but in some circumstances is allowed.

He cannot treat you as self employed. Test if that's what he means. One day, leave a couple of hours early, popping into his office to say you're going. When he tells you you can't, remind him that he said your self employed and that as you're self employed one of the criteria for determining it is being able to choose the hours you work so you're off. Also tell him you're going to send someone else in to do your job the following day as that's also another criteria HMRC apply. When he kicks off, thank him for clearing up the fact that you are actually an employee.

gabyjane

Hi thanks for the replies.
Maybe i didnt explain it very well. This man works with me as another member of staff he not in anyway my boss. He gets paid each month and takes holiday as he wants and now i don't..i'm not sure he likes it this way but tbh he could always change to like us i guess?

I have a feeling my wage slip is just wages..no holiday on it..i will check it later and repost..where does it leave me if it is not donw right for the future?

getmore4less

Here we go again.

The situation is a self induced mess.

( Those new should read the previous threads this link b ack tothe original)
( https://forums.moneysavingexpert.com/discussion/2433469)

You should have left well alone and taken your holidays rather than trying to squeeze a few quid.

gabyjane

getmore4less wrote: »

Here we go again.

The situation is a self induced mess.

( Those new should read the previous threads this link b ack tothe original)
( https://forums.moneysavingexpert.com/discussion/2433469)

You should have left well alone and taken your holidays rather than trying to squeeze a few quid.

Lol really please don't get worked up over my situation..i'm not! just asking whether my work are doing the right thing or not seeing as someone is now saying they aren't.
As far as trying to 'squeeze a few quid'..really it isn't about the money, i don't even need the job tbh..the fact is i don't use the holidays allocated and every year struggle to take them packing them in at the end of the year because i have to.

Thanks for the reply though! x

DCFC79

gabyjane wrote: »

Lol really please don't get worked up over my situation..i'm not! just asking whether my work are doing the right thing or not seeing as someone is now saying they aren't.
As far as trying to 'squeeze a few quid'..really it isn't about the money, i don't even need the job tbh..the fact is i don't use the holidays allocated and every year struggle to take them packing them in at the end of the year because i have to.

Thanks for the reply though! x

why is it you dont use the holiday,

gabyjane

DCFC79 wrote: »

why is it you dont use the holiday,

I work 6am-8am so due to it being an odd time it doesn't affect my days..for example if i have an apt at school or the docs etc it doesn't matter. The only time it does is if we go away which we tend to do once a year for 2 weeks but this year aren't due to my new job so figured it would be a good idea. We are going to do weekends away instead which again doesn't affect me as i don't work weekends!

silverjay

If your rate has been "rolled-up" to include your holiday pay then you should only be paid for the days you are at work. So if it is a bank holiday week you would be paid 4 days only but your rate should have increased so that you end up with a similar amount to 5 days pay on your original rate.

I understand that ACAS frown on the use of the "rolling-up" method of payment but it may be worth giving them a call.

Also you should have received some sort of notification from your employer regarding changes to your contract. You need to check that. If you are not happy write a grievance letter to your employer and take it from there.

getmore4less

gabyjane wrote: »

Lol really please don't get worked up over my situation..i'm not! just asking whether my work are doing the right thing or not seeing as someone is now saying they aren't.

you were told at the time it was probably wrong but went ahead anyway

As far as trying to 'squeeze a few quid'..really it isn't about the money, i don't even need the job tbh..the fact is i don't use the holidays allocated and every year struggle to take them packing them in at the end of the year because i have to.

Thanks for the reply though! x

So what, you don't want to take it so does it matter when it is.

you tried to fix the wrong problem by going for rolled up rather than having 5.6 weeks off at another time rather than the end of a holiday year.

gabyjane

Silverjay thanks for your reply. I will ask work r.e contract as they haven't given me a new one. In the many years of me working there i have had 1 (about 8 years ago) which was wrong which i ammended and returned with no reply and the last one which is of course wrong now. They are not good with this kind of thing and no one working there as far as i'm aware has one.

getmore4less i'm not quite sure why you are throwing everything i say back at me? i have no issues with what i'm getting or not getting just merely asking a question about what someone else has said? I love the fact i earn more each month than i did and don't have to worry about my holiday being taken so it's all good. IF work are breaking the law then that's up to them i guess but just thought id'e check.

Thanks for the replies.