Sub-Contractor Paid Holiday Entitlement

subbie

I have been looking in to paid holidays for labour only sub contractors.

I am a self employed contractor for one company only, I provide labour only, I am equivalent to a regular employee but not on the books.

I have been looking in to the fact that apparently I should accrue paid holiday in line as a regular employee.

But I'm not sure, the company I work for has many people such as me and I feel if I ask about it, it could jeopardise my position.

If however it came from you guys, you could open up the flood gates for many thousands of people to get what they are owed.

I guess I'm the same as thousands, too scared to pursue it any further.

If you could let me know I would be grateful.

If you could let thousands know that would be a breakthrough for “us subbies”.

KatrinaWaves

subbie wrote: »

I have been looking in to paid holidays for labour only sub contractors.

I am a self employed contractor for one company only, I provide labour only, I am equivalent to a regular employee but not on the books.

I have been looking in to the fact that apparently I should accrue paid holiday in line as a regular employee.

But I'm not sure, the company I work for has many people such as me and I feel if I ask about it, it could jeopardise my position.

If however it came from you guys, you could open up the flood gates for many thousands of people to get what they are owed.

I guess I'm the same as thousands, too scared to pursue it any further.

If you could let me know I would be grateful.

If you could let thousands know that would be a breakthrough for “us subbies”.

If you are self employed then you set your own rates and holiday pay is up to you.

If you are an employee, it is down to your employer. if you are self employed, your employer is YOU.

What is your actual work status? Are you a worker, employee or contractor?

Potbellypig

You're a contractor, you don't get holiday pay. You pay less tax though, so every cloud and all that.

You can't have your cake and eat it.

subbie

If you search on Google it comes up with :-


Is an employee turned self-employed labour-only subcontractor entitled to holiday pay? Yes, held the Employment Appeal Tribunal, the labour-only subcontractor was a worker with the relevant entitlements, including holiday pay, under the Employment Rights Act 1996 and the Working Time Regulations 1998.

Potbellypig

subbie wrote: »

If you search on Google it comes up with :-


Is an employee turned self-employed labour-only subcontractor entitled to holiday pay? Yes, held the Employment Appeal Tribunal, the labour-only subcontractor was a worker with the relevant entitlements, including holiday pay, under the Employment Rights Act 1996 and the Working Time Regulations 1998.

How long were you employed by the company before accepting a sub-contractor role?

nicechap

subbie wrote: »

If you search on Google it comes up with :-


Is an employee turned self-employed labour-only subcontractor entitled to holiday pay? Yes, held the Employment Appeal Tribunal, the labour-only subcontractor was a worker with the relevant entitlements, including holiday pay, under the Employment Rights Act 1996 and the Working Time Regulations 1998.

Maybe send that to the party you work for and see what they say.

Does the rate they pay you include circa 12% for holiday even if not separated out?

jonnygee2

The question about holiday pay is a slightly erroneuos one, the pertinent question is whether you are actually 'self employed' or a 'worker'.

If you are a labour-only subcontractor you are normally considered a worker in employment law and entitled to holiday pay. You would normally not meet almost any of the tests that define self employment, e.g. ability to work unsupervised or providing your own materials.

This has been established many times in different cases, but unfortunately is still ignored by a large number of companies.

I guess I'm the same as thousands, too scared to pursue it any further.

If you could let me know I would be grateful.

If you could let thousands know that would be a breakthrough for “us subbies”.

Unfortunately just 'letting you know' isn't going to have much effect. I don't think mentioning it to your employer is going to do anything other than possibly get you fired. Establishing worker vs self employment status is complex even when there is a lot of case law on your side.

Are you in a union? I think that might be a better route to justice. GMB has made strides in fighting Uber and Hermes on their dodgy 'self employment' models for example.

Dox

Do you have a contract of any description with this company?

subbie

I have been in a subcontractor roll for 3 years, I am labour only, complete and pay tax returns (so self employed), completing tasks given to me on a day to day basis wearing their company t shirts, go to sites on their behalf with their logoed PPE driving their company van, operate at "my desk" in the office.
It has been brought to the company's attention the situation and they tried to defend their position that I should remain self employed in case of a down turn in business, they can let me go.