[creweexcel]

i was working sat and sun  for min wage and being paid self employed, i finished because i was no longer desperate, however it occured to me that i may be entitled to holiday pay . do i have the right or is it up to employer . 3 months worked

[Pristine Clean]

depends what was in your contract... Should have had one even though you were self employed.

However as you only did 3 months it wont be that much. Did you give your employer the correct notice period?

[creweexcel]

yes nottice was given , terms and conditions was stated on letter of job offer but i never recieved them .

[chosker]

If you are self-employed you are not entitled to holiday pay.  Some of our clients pay their self-employed cleaners a 'holiday bonus' but this is optional if they are self employed.

I may be wrong (in which case we've been doing the wrong thing for the past couple of years) so check this but this is always the way that we have operated

Good luck!

[Collybolly]

I suppose you need to determine your exact employment status to start with, Self-employed or Employee......answer yourself these questions.....

Could you have hired someone else to do your work, at your expense?

Did you risk your own money in doing the job?

Did you provide the main items of equipment you needed  to do the job?

Did you agree to do a job for a fixed price regardless of how long the job took?

If you'd wanted,  could you decide what work to do, how and when to do the work and where to do it?

Did you regularly work for a number of different people or firms?

Did you have to correct unsatisfactory work in your own time and at your own expense?

If YES, then you were probably self-employed and I don't think you'll be getting any holiday pay!!

If NO, then you were probably an employee, in which case I'd be making further enquiries...

You are entitled to holiday pay and start accruing it from Day 1 pro-rata. You only worked 2 days per week for three months so it'd probably be something like 2.5 days worth.

I'd seek advice, I'm not an expert.

From experience, people always query their holiday pay because they assume they're entitled to more than they are. It drives me up the wall.

They should be grateful for having a good job at significantly over the minimum wage....never mind holidays

[creweexcel]

am going to ask company for holiday pay because after looking at questions i am enployee, it does no harm to ask.

[pdl]

collybolly, those questions are straight out of the IR56 Inland Revenue book!!!

[Spiceman]

Did you register with the inland revenue as self employed? Were you responsible for paying your own N.I. and Tax?
If you had income from another source and completed a P46 then all of your income from a second job should have been taxed on a BR code worse still if you were claiming benefits then was this income disclosed? I rather suspect that these two days a week were not your only means of support!
What agreement was made with the person who provided the work for you?
You refer to them as your employer yet say you are self employed? It seems to me that the job was on a fairly casual basis in any case.
What was your rate of payment for the job?
If it was the minimum wage then I think the Cleaning Company are mean not to pay holiday pay, if the rate was well over then tough.
Minimum holiday pay rates for an 'employee' are accrued at 2 days per calandar month (based on a five day week) but include bank holidays, and there has been a couple of those in the last 3 months. So 2 x 3 = 6 divided by five equals 1.2 so you ain't looking to get much in any case.
I'm begining to wonder if I should pay a little more per hour and have all my staff go self employed. I already pay above the minimum rate but the hassle I get for what most would call a tiny company just borders on not worth the effort.
Hope that helps a little,
John

[Collybolly]

collybolly, those questions are straight out of the IR56 Inland Revenue book!!!

Of course they are...that's because I've read it too. Having 502 cleaners on our payroll means I have to take a certain modicum of interest.

[Spiceman]

I thought I was addressing creweexcel,
If you want a chat with me collybolly then I would welcome it anytime.
In fact I have put a couple of posts up where I need the help of a more experienced company,
1/ Pregnancy Risk Assessments,
2/ COSHH Assesments
3/ Green Cleaning Advice.
Your comments to me on those would be greatly appreciated!
in2cleaning@aol.com
Thanks
John

[Helen]

[quote author=Spiceman
Minimum holiday pay rates for an 'employee' are accrued at 2 days per calandar month (based on a five day week) but include bank holidays, and there has been a couple of those in the last 3 months. So 2 x 3 = 6 divided by five equals 1.2 so you ain't looking to get much in any case.
John

Holiday day is based on what your Normal working week is per job, so if your normal working week was just 2 days or shifts you have to take this into account aswell. working week is 2 days  Holiday entitlement at present is 4.8 weeks per year based on your normal working week. For this scenario I read it as 2 days is the normal week and 3 months completed. Therefore your whole annual entitlement would be 10 days (you have to round up according to acas) and your 3 months would be 2.5 days) To be honest if you have agreed to self employed terms then you won't get holiday pay, did you have to invoice them for the work you did? Something just isn't tyinmg up right here!

[creweexcel]

yes min rate . have asked comp. to look into hol. pay

[Helen]

yes min rate . have asked comp. to look into hol. pay

If you are answering yes to" you invoiced them and then got paid" then you have been working on SE terms and will not be due any hol pay. Hope you have registered at HMRC for SE