Advice needed for contracting holidays

**Lance** · 27 February 2018, 12:58

Originally posted by Stefanie View Post

I have been contracting for a year and a half with the same company in Finance with 80 of us contractors. We have just been told they are freezing our holidays until the end of March. They have done this before but it didn't bother me as i didn't need any holiday then, but now when I put my request in then to be told it is rejected as there is a freeze is very annoying. Can they legally do this as I am a Ltd company? And without any notice. I am unsure what my legal rights are.

Holidays? You're not a permie.

Just tell them you're not available for dates x,y,z
You have no legal rights though. To find out what you can or cannot do read your contract very carefully.

They can always kick you offsite and refuse to sign your time sheets if they don't like how you play it, so it's your call at the end of the day.

EDIT: you do have legal rights. You don't have to turn up at all. It might put you in breach of contract but you're not a slave. Not that helpful I know, but this is contracting not employment.

**NotAllThere** · 27 February 2018, 13:00

What does your contract say?

If your company cannot provide workers when the client needs them, then your company is probably in breach of contract. Companies don't take holidays.

**tarbera** · 27 February 2018, 13:19

Holiday

Originally posted by Stefanie View Post

I have been contracting for a year and a half with the same company in Finance with 80 of us contractors. We have just been told they are freezing our holidays until the end of March. They have done this before but it didn't bother me as i didn't need any holiday then, but now when I put my request in then to be told it is rejected as there is a freeze is very annoying. Can they legally do this as I am a Ltd company? And without any notice. I am unsure what my legal rights are.

The Client pays for your holidays - No wonder they want to freeze this !!!!

just inform them of your unavailability between X and Y date (Hopefully not at a go live)

What does your contract say?

**northernladuk** · 27 February 2018, 13:27

Inside IR35 much?

**TheCyclingProgrammer** · 27 February 2018, 13:29

Contractors do not request holidays. They politely inform their client that they are going to be unavailable with sufficient notice and in order to provide continuity of service under their contract that they will be providing a substitute. The client is then free to terminate the contract if this is not acceptable to them.

**Spikeh** · 27 February 2018, 13:33

You are an employee of YOUR company, and your company provides services to your client. What's "legal" is what's in your contract. If the client needs your services and you don't want to provide them, there are three possible scenarios:

1) You inform the client you're not available and hope they don't /need/ you, but you'll probably be in breach of contract and they can drop you like a lemming off a cliff without any come back.
2) You provide a substitute and the client accepts him / her -
IF your contract allows for this
3) You walk

There is no legal recourse. Sounds like you need to read up on the difference between contracting and employment.

**TonyF** · 27 February 2018, 15:48

Originally posted by Stefanie View Post

I have been contracting for a year and a half with the same company in Finance with 80 of us contractors. We have just been told they are freezing our holidays until the end of March. They have done this before but it didn't bother me as i didn't need any holiday then, but now when I put my request in then to be told it is rejected as there is a freeze is very annoying. Can they legally do this as I am a Ltd company? And without any notice. I am unsure what my legal rights are.

Putting a request in is a bad sign. I've never asked for permission to take a holiday, but as a courtesy I've told the client that I will not be available for given dates.

I'd follow that and tell the client that you arent going to be available on those dates in March, but you will find a suitable substitute to cover for that time at your own cost if they would prefer that. Of course you then have to hope that they don't say "yes please" unless you know someone who can do the work for that period for you. Chances are that they will either terminate the contract or they will say not to bother and that they will do without you while you are away.

How important is the holiday? Is it worth loosing the contract over?

The danger of them refusing a substitute is that that will make it harder to argue that you are outside ir35 if you ever have an investigation since one of the three pillars of self emplyment has disappeared.

**Lance** · 27 February 2018, 17:21

Originally posted by TonyF View Post

The danger of them refusing a substitute is that that will make it harder to argue that you are outside ir35 if you ever have an investigation since one of the three pillars of self emplyment has disappeared.

RoS is considered a sham anyway so not being able to use one is not going to impact your status unless you are relying on that alone (not a good idea)

**northernladuk** · 27 February 2018, 17:28

Originally posted by Lance View Post

RoS is considered a sham anyway so not being able to use one is not going to impact your status unless you are relying on that alone (not a good idea)

I don't think that's true at all. Kate Cottrell has stated its of less importance but it certainly isn't a sham. It is up to HMRC to prove it but if it is stated in your contract and to your knowledge its usable then its a good defense. If you do call on it and they refuse you are in an awkward potion. HMRC will see that as an indication your working practices don't match so gives them something to go for.

All that said, using RoS just to cover a week or two off is just rubbish. Even the big boys that can and do use such substitution don't use it just for holidays.

Advice needed for contracting holidays