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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48736
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Been self employed with same company for six years through

Customer Question

Been self employed with same company for six years through an agency, my rate of pay per hour which was a verbal agreement was thirteen pounds and receive holiday pay, but holiday pay is wrapped up into hourly rate. I am so confused, the agreement was hourly rate and holiday pay, not hourly rate which included holiday pay. What can I do, if anything, to kind of sort this.
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. When was the verbal agreement put in place please

Customer:

June 2008

Ben Jones :

Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.

Customer:

Ok, thank you. I will check back soon.

Ben Jones :

Many thanks for your patience. What you are receiving is called ‘rolled up’ holiday pay and there are argument that this may be unlawful, although there is nothing concrete to prove that and it is still a matter of argument and interpretation.


 


The issue here is really one of what was specifically agreed at the outset as that would be what was contractually applicable to you. If you were specifically promised to receive your hourly pay as specified then and to then receive holiday pay on top of that, then that is what you would be contractually entitled to.


 


However, you mentioned that you started there 6 years ago so am I to assume that you have always been paid rolled up holiday pay throughout that time? If that is the case then the fact you have worked under this arrangement for such a long time, without formally challenging it, would most likely mean that you had accepted this practice and it has become your contractually binding agreement. It means you may find it rather difficult to challenge this now because through working under these terms for a number of years, you would have implied your acceptance to these terms and should have really challenged this much earlier to be able to do something about it.


 


Another issue is if this was only a verbal agreement and there is no documentary evidence to back it up – that would also make it difficult for you to prove what was promised and be able to argue that what you are getting now is not what was initially agreed.


 


Nevertheless, it is still possible to take this up with the employer directly and ask them to check what was agreed and reconsider their position. If they refuse that is when the difficulties may arise as you can only take it to court and assuming the above matters apply, it could be an uphill struggle to convince a court that you are not getting what you were promised or that you have not accepted this practice by now.

Customer:

Many thanks Ben. I'm a wee bit upset. I was hoping for better news because a mate at work got some £3,000 back money due to holiday pay having been wrapped up in his rate. The reason that I've only recently queried it is that I was advised by workmates that if I said anything, the work would "get rid of me". Thanks very much for your advice.

Ben Jones :

Yes I understand, it is just at what a court may look at if you took it that far - the issue is that it was not the company themselves that made the threats of potential dismissal against you and it was just rumours that you acted on in the circumstances. The crux is however your implied acceptance which looking back at 6 years of working under these terms, would be difficult to overturn - of course there is nothing stopping you from making a claim, but this is a factor they would undoubtedly concentrate on

Customer:

Ok, Ben. That's pretty clear. Guess I'll just have to try and get over it. Thank you very much for the benefit of your expertise.

Ben Jones :

you are most welcome and all the best

Customer:

Cheers Ben

Ben Jones :

Just before you go could you please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



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Customer:

Will do. Give you big smiley.

Ben Jones :

Many thanks

Customer:

Won't let me rate you until conversation over :)

Ben Jones :

ah, it's a bug we are having at the moment, you can just type it here instead and we will sort

Customer:

Excellent Service

Ben Jones :

Thanks, noted

Customer:

Thanks Ben. I don't know how to get out of here :))

Ben Jones :

just close the page down and ignore any warnings you may get

Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 3 years ago.
Thanks for the rating - just out of interest - how did you get it to work, so I can advise others that are having problems?