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self employed/holiday pay


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Hi guys.

I work as a controller for a taxi company. I work 2X12 hrs night shifts per week.

Am I entilted to holiday pay?.

Am I entilted to breaks?.

I get paid by cheque and am self employed.

I have signed NO contract.

I know it's a grey area when self employed working for one company only.

All I ask is to be treated fairly and lawfully.

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My understanding is that if you work for just one company you are not self employed according to the inland revenue, check with them but I think they would call you employed which means you are entitled to holiday pay.

In terms of breaks I think you are entitled to 20 minutes unpaid for every 6 hours worked.

Poppynurse :)

 

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You certainly do not class as self-employed in this instance - both you and your company could be liable for a fine by the inland revenue. I'd speak to your boss asap as getting you made an oficial member of staff.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Hi Rambo,

 

as above it looks to me as though you are definatly employed as you are working fixed shifts every week at the same location for the same employer who is rather craftily paying you cash in hand which could put you and him in an awful lot of trouble.

 

If as it would seem you are an employee then yes you are entitled to 24 days holiday per annum and give your shift 2 breaks of at least 20 minutes (per 12 hour shift) although most employers give more than this but be cautious as these don't have to be paid although again most do!

 

Be careful how you approach this because if you have less than 12 months service he will most likely get rid of you and there will be very little you can do legally as we still have the weakest employment laws in Western Europe.

 

I hope this is useful?

 

Best regards,

 

Paul.

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