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Questions From Our Forum 10/12/10
Friday, December 10th, 2010
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The following questions have been posted over the past week. Can you contribute to any of the discussions?…
Holiday pay – Self employed
I am from Romania and because of this I have the right to work in UK just being self employed.
According to this statute I have very few right excluding holyday paid. That what I knew. Few mounts ago ‘I heard’ that even I am self employed, if I am defined being a ‘worker’ I do have the right of having holyday pay.
I went to HMRC WEB site and there using the online ‘Employment Status Indicator’ (http://www.hmrc.gov.uk/calcs/esi.htm ) I realize once again that I am a worker.
Next, for repetitive times I went to a Citizen Advisor, but there I believe I did not find the right persons.
I have called HMRC telling them about my problem. There I had ‘Yes and No’ answer. A feeling has told me that the persons I have spoke were not so confident in answering to my question… but they guide me to ACAS.
I have called ACAS and there I have been told by a person that I have 100% the right of having holyday paid even if I work like self employed. In order to achieve that, ACAS has told me to write a letter to my employer and in this letter to explain him my rights.
Now, the problem I have is regarding this letter: I intend to write something like ‘ according to the law…. Number…from year…. I am entitled to have holyday pay even I am self employed.’ What I don t know is this law ( even if I have made lots of researches ). Everywhere the information regarding this subject is not really clear and I am worried in case of a negative answer from my employer I have to go to a ‘Employment Tribunal’ and there I don t want to go if the case has not a good foundation. That why I need somebody to guide me a bit, because in this moment I feel stuck. Thank you.
More…
MATERNITY AND CHILDCARE VOUCHERS
I hate to raise the subject again but….. we have a employee who is due to go on maternity leave early next year – she has not been with us long enough to qualify for SMP or CMP – my question is regarding the childcare vouchers – is she entitled to receive the vouchers during her maternity leave – I understand generally employees are entitled to receive the vouchers during maternity leave but wondered if the short service had any bearing on this entitlement??
Further questions from our forum
- What are the new NICs monthly thresholds for table letter D from April 2011?
- My employer, after being told by Acas what my correct holiday entitlements are, refuses to provide them. What else can I do?
- Where can I find the NI rates and thresholds for 2011/12?
- My employer has, for the first time and without warning me, deducted money from my salary for private-use fuel. Can he do this?
- Can season tickets be offered to employees under a salary sacrifice scheme?
