Contractor Holiday Pay
Author
Discussion

The_Burg

Original Poster:

4,853 posts

244 months

Friday 3rd October 2008
quotequote all
Are there any rules on entitlement to holiday pay as a contractor?
I seem to recollect reading something about this a while back and that after x years you were entitled.
I've been on the same contract for 8 years now and would like a holiday without losing cash for a change.

Thanks.

Eric Mc

125,754 posts

295 months

Friday 3rd October 2008
quotequote all
Do you handle your tax affairs as being self-employed?

richyb

4,615 posts

240 months

Friday 3rd October 2008
quotequote all
Unless its specified in your contract I don't think you have any entitlement. Surely this is why a lot of businesses use contracted staff compared to perm. Contracted for 8 years is a bit mean of your 'employer', why did they not take you on permanently?

The_Burg

Original Poster:

4,853 posts

244 months

Friday 3rd October 2008
quotequote all
richyb said:
Unless its specified in your contract I don't think you have any entitlement. Surely this is why a lot of businesses use contracted staff compared to perm. Contracted for 8 years is a bit mean of your 'employer', why did they not take you on permanently?
8 years still makes me a newby here. Some contractors have been here 20 plus years.
They don't like taking on permies as they can't get rid of them.
(Although that may be changing when we go back in house).

The_Burg

Original Poster:

4,853 posts

244 months

Friday 3rd October 2008
quotequote all
Eric Mc said:
Do you handle your tax affairs as being self-employed?
I use an umbrella company but in essence yes.

richyb

4,615 posts

240 months

Friday 3rd October 2008
quotequote all
The_Burg said:
richyb said:
Unless its specified in your contract I don't think you have any entitlement. Surely this is why a lot of businesses use contracted staff compared to perm. Contracted for 8 years is a bit mean of your 'employer', why did they not take you on permanently?
8 years still makes me a newby here. Some contractors have been here 20 plus years.
They don't like taking on permies as they can't get rid of them.
(Although that may be changing when we go back in house).
Ouch, sounds like a real caring employer. You might be best to keep quiet in the current climate.

Eric Mc

125,754 posts

295 months

Friday 3rd October 2008
quotequote all
The_Burg said:
Eric Mc said:
Do you handle your tax affairs as being self-employed?
I use an umbrella company but in essence yes.
If you seek holiday pay, you could jeopardise your position as a "non-employee" for tax purposes. Being paid for holidays is looked on by the Revenue as a clear sign of employee status.

Colby

12 posts

220 months

Friday 3rd October 2008
quotequote all
When I was contracting before my current job (now permanent), my Umbrella Company held back some of my pay for me and this was listed on my payslip as holiday pay. I also accrued 1.66 days per month (can't remember the exact amount). If I were you, I would speak to my Umbrella company as they might be doing this already for you. If this is the case, ring them up, tell them you are taking some leave and ask them to release your money for you...quite simple really! smile

VetteG

3,236 posts

274 months

Friday 3rd October 2008
quotequote all
Surprised the OP hasnt fallen foul of IR35!

G

bigandclever

14,402 posts

268 months

Friday 3rd October 2008
quotequote all
VetteG said:
Surprised the OP hasnt fallen foul of IR35!

G
He's going through a brolly - he is, therefore, an employee of the brolly so IR35 is irrelevant.

Vesuvius 996

35,829 posts

301 months

Friday 3rd October 2008
quotequote all


To the OP. Keep your mouth SHUT and get on with things otherwise you may end up with a big tax bill.

You're a contractor, this means you get more money, but no benefits like holiday.


MCFLY.........! MCFLY..............!


Busa_Rush

6,930 posts

281 months

Friday 3rd October 2008
quotequote all
VetteG said:
Surprised the OP hasnt fallen foul of IR35!

G
Exactly . . . but that would solve his problem with holiday pay ! wink

Eric Mc

125,754 posts

295 months

Friday 3rd October 2008
quotequote all
bigandclever said:
VetteG said:
Surprised the OP hasnt fallen foul of IR35!

G
He's going through a brolly - he is, therefore, an employee of the brolly so IR35 is irrelevant.
May not be the case. He said that he was "self-employed" in his answer to my question.

The next question is, how does the umbrella company sort out his tax and NI?

miniman

30,118 posts

292 months

Friday 3rd October 2008
quotequote all
Er, I thought contractors were entitled to the same rights as full-time employees once they had been in post for >2 years?

Fetchez la vache

5,909 posts

244 months

Friday 3rd October 2008
quotequote all
anonymous said:
[redacted]
Quite. Lets just say you're in the st if the tax man takes a look at your books. I hope you haven't been spendig your tax money

E36GUY

5,907 posts

248 months

Friday 3rd October 2008
quotequote all
anonymous said:
[redacted]
yes

Eric Mc

125,754 posts

295 months

Friday 3rd October 2008
quotequote all
The law is very confusing on the position of contractors. Indeed, different branches of the law and legislation will define the position of a contractor in a different way to other branches of the law and legislation. The status of an individual can have a bearing on -

their tax position
their NI position
their basic employment rights
their cover under employer insurance
their position regarding employer health and safety regulations
their position regarding their employment rights

Vesuvius 996

35,829 posts

301 months

Friday 3rd October 2008
quotequote all
anonymous said:
[redacted]
As I said. Keep your mouth SHUT on this one.

The_Burg

Original Poster:

4,853 posts

244 months

Friday 3rd October 2008
quotequote all
So the general consensus is i should shut up then.
TBH that was what i though, it was actually my bosses idea to mention it, particularly in light of yet again getting no rate increase. (Which as others have stated with the current market it's best to keep taking the money while it's there and not rock the boat).

To clarify a little, i have been working for the same company for 8 years but through various different agencies and outsourcing companies, in effect i have been just under 2 years to the current outsource.

Vesuvius 996

35,829 posts

301 months

Friday 3rd October 2008
quotequote all
The_Burg said:
So the general consensus is i should shut up then.
TBH that was what i though, it was actually my bosses idea to mention it, particularly in light of yet again getting no rate increase. (Which as others have stated with the current market it's best to keep taking the money while it's there and not rock the boat).

To clarify a little, i have been working for the same company for 8 years but through various different agencies and outsourcing companies, in effect i have been just under 2 years to the current outsource.
Sorry mate. Keep your head down and say nothing.