Reply to: Mandatory holiday for limited company contractors - British Law

[SueEllen]

Well, based on the previous thread, the agent/agency is not doing a very good job of explaining things and perhaps if someone else comes along and searches for information about them, then they'll see the issues this guy has.

To be fair if you got someone asking repeated questions like on this thread wouldn't you say it's law to get rid of them?

The agent is probably trying to say it is custom and practice in the UK for contractors to take a minimum of 2 weeks off a year - whether this is for holiday, hospital appointments, sickness, family matters or whatever - and this is built into the client's budget. I suggest the OP asks the agent how many billable days have been agreed with the client this year. Also if you aren't caught under IR35 sometimes projects will have nothing for you to do, and therefore you should go home rather than sit there and bill them. You don't need to ask to do this.

[BR14]

Is there even such a thing as British Law?

https://en.wikipedia.org/wiki/Law_of_the_United_Kingdom

so, no, then, sort of

[yMyjgT]

I politely asked here and didn't force you to reply. I appreciate all replies but this is quite aggressive response which is unnecesary.

There's a lot of useful information these forums, so they're worth reading, despite the atmosphere. Ignore it.

[northernladuk]

Is there even such a thing as British Law?

[tarbera]

Mandatory holiday for limited company contractors - British Law

Hi guys,

I have a question about holiday for contractors having limited companies.
I have a contract for set amount of hours and prediction is that I will take all of them end of November. Client asked me if I would accept additional hours to cover December, if there is any need to do so.
This would mean I take literally few single days off this year (bank holidays, maybe not even all of them) but I don't mind and client would be happy as well. My question is, am I obligated by the British law to take a set minimum amount of a mandatory holiday per year, or can I work even every single day as long as me and my client agree for that? Am I also obligated to take bank holidays off? especially that my project involves comunication with different countries, which don't have bank holidays even if we have them?

My query concerns just the British Law as I do understand my contract.

Thank you in advance.

ask your agent If you can take a king charles spaniel to work as its allowed in British law also

[WTFH]

Not really a fan of this as we only have one, slightly garbled side of the story. And shouldn't it be the agent that's named, not the agency?

Well, based on the previous thread, the agent/agency is not doing a very good job of explaining things and perhaps if someone else comes along and searches for information about them, then they'll see the issues this guy has.

[northernladuk]

Who is the agency?

Please name and shame.

Not really a fan of this as we only have one, slightly garbled side of the story. And shouldn't it be the agent that's named, not the agency?

[WTFH]

Who is the agency?

Please name and shame.

[Lance]

Errr. Read the thread. One answer really. No you don’t have to take 2 weeks.
Ignore the agency. If th client will pay you for 52 weeks in a year then the agency will be absolutely fine with that.

[Esp]

Probably both, but if you err on the side of everything the agenct tells you is incorrect, you'll not go far wrong.

I try to clarify things I have doubts about, that's all! I really appreciate all replies.

[NotAllThere]

...I needed to know if that's the fact that the agency says weird things, or is it just me who doesn't know the rules....

Probably both, but if you err on the side of everything the agenct tells you is incorrect, you'll not go far wrong.

[Esp]

There is obviously the situation where the agent hasn't a clue what they are talking about. Why don't you ring him and ask him to explain it instead of all this buggering about?

I have a horrible feeling that the agent is a bit sick of trying to make sense of anything you are talking about and can't get the facts through to you, which is understandable reading this thread and your first one, and has told you it's law just to try shut you up early. So I'll bet a quid it's what Tarby says but the agent can't get it through to you so he's gone down the 'it's law' so you just say OK and go away.

Whatever it is.. ring the ******* agent and ask him to explain.

Before I go back to the agency I prefer to be prepared rather than talk about things I have no knowledge about. I politely asked here and didn't force you to reply. I appreciate all replies but this is quite aggressive response which is unnecesary. I needed to know if that's the fact that the agency says weird things, or is it just me who doesn't know the rules. Please don't force yourself to respond on this topic if this frustrates you so much.

[northernladuk]

Thanks. Please let me highlight, I have a contract with my agency, and that was the agency who said I must take 2 weeks off "according to the British Law". If agency hires contractors who have limited companies, I guess they should know the British Law and the difference between contractros and employees? That's why I decided to look for an advice online, as this is misleading that my own agency says something like that. And let me clarify:
No, the agency didn't say that according to my contract I must take 2 weeks off.
The agency said according to the British Law I must take at least 2 weeks off per year, like everyone else.
So at the moment I'm looking for that enigmatic "British law paragraph".

There is obviously the situation where the agent hasn't a clue what they are talking about. Why don't you ring him and ask him to explain it instead of all this buggering about?

I have a horrible feeling that the agent is a bit sick of trying to make sense of anything you are talking about and can't get the facts through to you, which is understandable reading this thread and your first one, and has told you it's law just to try shut you up early. So I'll bet a quid it's what Tarby says but the agent can't get it through to you so he's gone down the 'it's law' so you just say OK and go away.

Whatever it is.. ring the agent and ask him to explain further.

[malvolio]

Thanks. Please let me highlight, I have a contract with my agency, and that was the agency who said I must take 2 weeks off "according to the British Law". If agency hires contractors who have limited companies, I guess they should know the British Law and the difference between contractros and employees? That's why I decided to look for an advise online, as this is misleading that my own agency says something like that? And before someone asks - no, they didn't say that according to my cxontract I must take 2 weeks off. They said according to the British Law I must take at least 2 weeks off.

Your agency clearly doesn't know the law. Ignore them. If you want an interesting five minutes, look up the agent on LinkedIn and take a look at their history: chances are they were selling double glazing or something equally relevant in the recent past. You're not dealing with an expert, merely a cost-effective clerk.

Or listen to what people with real experience and knowledge are telling you. Just a thought.

[Esp]

Nobody has stated the bleedin' obvious yet...

Mandatory holidays are mandatory for employees. You are not an employee, you are an officer of YourCo. As such, you can exempt yourself from all sorts of stuff, including the Working Time Directive and related legislation.

As has been said already several times, get it clear in your head what your job is: it's being a contractor and a company director. What you do to earn money is irrelevant.

Thanks. Please let me highlight, I have a contract with my agency, and that was the agency who said I must take 2 weeks off "according to the British Law". If agency hires contractors who have limited companies, I guess they should know the British Law and the difference between contractros and employees? That's why I decided to look for an advice online, as this is misleading that my own agency says something like that. And let me clarify:
No, the agency didn't say that according to my contract I must take 2 weeks off.
The agency said according to the British Law I must take at least 2 weeks off per year, like everyone else.
So at the moment I'm looking for that enigmatic "British law paragraph".