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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 45306
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I work as the only employee in a limited company. I have been

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I work as the only employee in a limited company. I have been working 3 days a week and one Saturday morning a month for a year. My friend told me I'm entitled to holiday pay as I work there every wk but I thought as I'm a ltd company this wouldn't be the case? Am I right?

Thanks

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know exactly how long you have worked there.

Customer:

I started work at the practice 13 June 2012

Ben Jones :

ok so just to clarify - are you actually an employee or self employed as your original query has contradicting information?

Customer:

I'm self employed through my limited company. However I work a regular 3 days a week and every third sat morning for one practice.

Ben Jones :

How often you work for them is irrelevant, what matters here is your employment status. If you are a worker or employee then you would be entitled to holidays by law. If you were self employed then you will not. You may be labelled as self employed but actually be a worker. This is certainly not easy to determine though and there are a number of tests that can be applied to try and establish that.


 


The tests that are most commonly used can be found here:


 


http://www.hmrc.gov.uk/employment-status/index.htm#1


 


By following the link and answering the questions one may get a good idea of what someone's employment status is, although it is worth noting that these are still only an indication and only a court can provide a definitive answer. They are nevertheless useful to use in negotiations with the employer.


 


Even then your employer may decline to accept your argument and still claim you are self employed. You would then have to take this to the employment tribunal and ask them to determine your status and whether you should be entitled to holidays or not.

Customer:

Thanks

Ben Jones :

You are welcome

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