Questions from our Forum – 12/09/11Friday, September 9th, 2011
Each week we receive a number of payroll questions on our forum, and here are this week’s batch. Can you help with any answers?
I am a self-employed dry liner. I worked for a company for 9 months (from Dec 2010 to Aug 2011) but was laid off because of the loss of a big contract.
I worked exclusively for this company. They gave me a paynote every month and they deducted my tax for me. I paid my own NI stamp. I supplied my own tools.
I wrote to them to claim holiday pay and got the following reply.
“Under the terms and conditions of this contract – clause 18 explicity states ‘The Sub Contractor will be entitled to receive holiday pay. This will be included in the rates agreed between (company name) and the Sub-Contractor per our rates table.
“As you may be aware, as a sub-contractor you are paid at a higher rate than employees. This reflects the fact that sub-contractors have overheads and bear financial risk, unlike employees. In the construction industry as a whole, sub-contractors are paid higher rates for these reasons. Therefore, you are not entitled to receive any further payment for holiday pay as it has already been paid to you, as specified above.”
Can anyone tell me if this is correct and is the legal position?
Further questions from our forum:
- Does a temporary pay increase count as a pay rise for Alabaster recalculation purposes? And does it affect occupational maternity pay?
- Is payment for out of work-time travel to attend an employer-arranged work-related training course exempt from tax?
- What do we do with a cycle that has been returned after the full 12 months of the loan?