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Holiday pay asked to be repaid by employer


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Hi all,

 

My employer has now informed me that they believe I'm self employed and are wishing me to repay statutory holiday pay which I have recieved over the past 12 months.

 

They have deducted tax and Ni but are relying on a ruling from the ET that persons carrying out similar roles are self employed. I was issued with a casual worker contract. Can they claim this holiday pay back?

 

Thank you

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Hello and welcome to CAG.

 

I expect the employment guys will be along later, so this is just my personal thought, but I understood that your employer decided at the outset whether you were employed or not, rather than you.

 

Can you tell us a bit more about how this came about please? What does your contract say about holiday pay?

 

My best, HB

Illegitimi non carborundum

 

 

 

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If they deduct tax and NI I'd say you are an employee. This link may help.

 

https://www.gov.uk/employment-status/employee

 

What's Best for You?

 

 

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Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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You were issued a casual worker contract, Id say thats a contract of employment. They cannot just change their mind 12 months down the line.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Honeybee's question is important - what does your contract say? Even if it is true that you are self-employed for employment law and/or tax law purposes that doesn't mean an employer is prohibited from paying you holiday pay, only that you have no automatic entitlement to holiday pay. If it ws in the contract I doubt they can ask for it back. They could change it for the future. In theory only with your agreement but as you've only been employed for 12 months there isn't much you could do to stop them.

 

Deducting tax and NI normally suggests employment not self-employment unless you are in the construction industry.

 

Talk to your union if you are in one, or to Citizen's Advice.

 

When you say "a ruling from the ET that persons carrying out similar roles are self employed" was that a ruling about people at your workplace? Or was it a decision about some other company altogether?

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Thank you all for your help, I checked and holiday pay was in my contract so I feel more confident in that they cannot ask for it back.

 

Thanks again

 

Just remind them of it and let us know how it goes.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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