Holiday Pay

[feebee102]

Hi
Can someone please help me.
I have worked at my local pub for the last 4 years. Infact I have been there on and off for 11 years. Recently the lease has been taken over by a new chap.
He has insisted that I go self employed for him and at the end of every week I fill in a receipt for my wages. I get no wage slip which with all of the previous landlords I received. He is refusing to pay me any holiday pay. I get no extra pay for bank holidays or for Christmas, New Year which are days I don't normally work but I have been asked to cover.
I only work 10 - 12 hrs a week.
Also he did threaten to sack me if I refused to go down the self employed route. The people who are live in managers have also had to go self employed for him but they get holiday pay.

Thanks
Fiona

[tballrossi]

I dont know the answer but i would see the citizens advice they will give you all the answers, good luck.

[society]

Would this link shed a bit of help? -
http://www.theanswerbank.co.uk/Law/Question1281721.html

[WesterRoss]

I was treasurer at my local golf club for three tears and had to do the payroll for green keepers and café staff. The café staff worked part time but were all paid through the payroll. One person wanted to be paid as a self employed person so I rang HMRC to ask for advice. HMRC were adamant that the person had to be paid as an employee through the payroll. If you ring HMRC helpline they will tell you the same thing. HMRC are very helpful so don't be shy in contacting them.
As for holiday pay, all staff, permanent or part time, including agency staff are entitled to holiday pay according to the umber of hours worked. Your manager is way out of line on both accounts and needs to be reined in.

Hope this helps.

[Peter Pedant]

I agree with society
there are some very dissatisfied part time bar staff out there.

Westerross has been helpful -I cd have told you you can't be self employed under these circumstances - it's stupid.

You cant be self employed - it looks as tho you are going to be sacked and have to seek part time employment elsewhere in which case we are on hand to give employment advice.

Someone is being conned

[Buenchico]

>>>he did threaten to sack me

He's already sacked you! You had a contract, as an employee, to work at the pub. The new boss has terminated that contract. (i.e. he's sacked you). Whether you then do the same work as a self-employed contractor is irrelevant; you've still been sacked as an employee!

In the first instance, refer the boss to this web page:
http://www.hmrc.gov.uk/employment-status/index.htm

If that doesn't work, seek the advice and assistance of HMRC.

However . . .
>>>I get no extra pay for bank holidays or for Christmas, New Year . . .

Irrespective of whether you're an employee or self-employed, there's absolutely no reason why you should. (Public holidays have no special place in employment law). I've worked behind bars on Christmas Eve, Christmas Day, Boxing Day, New Year's Eve, New Year's Day, etc for the usual rate of pay. It's perfectly lawful.

[Peter Pedant]

Hi BC -nice to see you contributing
Some of us think this is a mirror post
so dont spend too much time on it

see society's link: I would call it deja-lu

SO similar that if X files existed, I would definitely ring them....

[EDDIE51]

In your previous post you mention that you will lose your working tax credit, but to qualify for this you need to work a minimum of 16 hours a week . You now say you only work 10 or 12 hours a week so working tax credit is not due anyway. You need to be careful you do not end up having to repay the tax credit you have had up to now and / or being prosecuted for benefit fraud.

[ummmm]

Eddie....may she also works for someone else. I used to work in 3 pubs.

[feebee102]

Sorry guys ..In my previous post I meant to put Child tax credit. My husband claims working tax credit. And we both work the designated specifications to claim.
It's just that I had conflicting answers to my last post as some said I couldn't be self employed due to the hours I do & the fact it's for one person.
Over the past few weeks it has come out he is a pretty shifty character and has run previous pubs and done the same to them. He tends to have them for a short while then goes on to the next one. He only seems to come in, empty the till then go, don't get to see him.
Sorry if I have offended some of you ( Peter Pedant) with my MIRROR post but I am an honest person & really want to know my full rights before I challenge this buffoon.
Think I will be taking a trip to CAB.

[EDDIE51]

Yes CAB is your best bet. Just to be clear you can not be self employed if you only work for one person at the same place. The landlord is trying to get out of his obligations.