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Hello, my name is Ben and it is my pleasure to assist you with your question today. You were not self employed I presume? For example, who sorted out your taxes? Did you have guaranteed hours with the company?
I was paid through a
payment clearing agency called exchequer who the agency appointed to me.
I would fill out agency timesheets every week for a company manager to sign then submit to the ageny.
Tax wise I set up a limited company and submitted tax returns through an accountant. I did have a guaranteed 40 hrs per week
and have done this for the past three years except for holidays / illness etc.
last year (july 2013) I wound up the company and am effectively now a sole trader. regards mike
The relationship I have is with my agency and the construction company, does the method the money gets to me and how my taxes are paid effect the workings of the agency workers act? regards
Hi, thanks for getting back to me. Your rights will largely depend on your employment status. You may have been working through an agency but that does not automatically make you an ‘agency worker’ for the purposes of the Agency Workers Directive. There are other employment arrangements available where an agency could be involved but the workers would not be classified as agency workers as per the definition of the AWR.
Under the AWR, an "agency worker" is defined as an individual who satisfies the following conditions:
However, if you are genuinely self employed you would not be protected under the above definition. The AWR Guidance indicates that an individual providing services through their own personal service company who manages themselves and can provide a substitute will fall outside of the scope of the AWR 2010. However, simply putting earnings through a limited company for tax reasons would not in itself put individuals beyond the possible scope of the AWR 2010.
As you can see it is not a straight forward situation and your rights would very much depend on the actual employment arrangement you had in this situation. If you meet the criteria for being an agency worker and do not fall within the exceptions that apply to self employed workers you would be entitled to holiday pay and as long as you have never received any you can treat this as a continuous underpayment of holidays and can make a claim in the employment tribunal within 3 months of the last failure to pay you. Obviously this deadline will keep on shifting every time a payment is due but you are not paid.
Hope this clarifies your position?
Yes you can - the key is that there must have been an unbroken 'series' of non-payments. In that case you can claim as far back as the series go. However, if at some point you were paid the correct holiday then the series would have been interrupted and once 3 months have passed from that date you could only claim for the non-payments from that date onwards
Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks