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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 57978
Experience:  Qualified Solicitor
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I am a self-employed courier with Hermes. I have worked for

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Hi, I am a self-employed courier with Hermes. I have worked for them for the 17 years. Hermes recently lost a court case over self-employed status of some couriers. I wasnt 1 of the couries that took them to court. Could I ask for holiday back pay? Thank you
Assistant: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: Not yet. I wanted some advice on how to proceed.
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Self-employed and don't belong to a union
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Do you charge for this service?

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Were your circumstances exactly the same as those who claimed?

Customer: replied 5 months ago.
Customer: replied 5 months ago.
However they had joined a union (gmb)

Thank you. It makes no difference whether you were not one of the workers who claimed or if you are not part of a union. If a court has decided that your exact circumstances give rise to a worker status and as such you are due holidays, you can claim regardless. You can of course try and negotiate with the employer to start with but if required you can make a claim in court. Just be aware though you can only go back to claim for the past 2 years in your claim so you will not be able to claim for 17years worth of holidays.

Does this answer your query?

Customer: replied 5 months ago.
thank you

you are welcome

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