Entitlement To Holiday Pay and AWR

[LisaContractorUmbrella]

In respect of AWR yes this does relate to contractors working through an umbrella company unless you are working through a Swedish derogation type contract.

Why wouldn't it apply under Swedish Derogation?

[LisaContractorUmbrella]

Most umbrella companies class part of your weekly pay each time you're paid as holiday pay so in effect you have been paid it already and normally won't be paid anything if you're not working. If you look at a normal payslip you will see if part of your pay is described as holiday pay.

"Rolled-up holiday pay ‘unlawful’

05/04/2006
A decision was at last made on 16 March 2006 by the European Court of Justice about the long outstanding issue of rolling-up holiday pay – i.e. where an employer pays employees an additional sum for holiday within their hourly wages.

Previously, the Advocate General had decided that this could be done provided that the employer was genuinely increasing the rate of pay by an additional amount for holiday pay. Generally the ECJ follows the Advocate General’s opinion, but unusually in this case it disagreed.

The ECJ has ruled that rolled-up holiday pay is, prima facie, unlawful, which will be initially concerning for many employers who currently follow this practice. Indeed, the TUC have released an article welcoming the ruling and stating that it effectively puts an end to the practice of paying rolled-up holiday pay"

[PayMatters]

In respect of AWR yes this does relate to contractors working through an umbrella company unless you are working through a Swedish derogation type contract.

[PayMatters]

Most umbrella companies class part of your weekly pay each time you're paid as holiday pay so in effect you have been paid it already and normally won't be paid anything if you're not working. If you look at a normal payslip you will see if part of your pay is described as holiday pay.

[Waldorf]

Umbrella Parasol

There was a thread on here a while ago, questioning how Parasol were dealing with their contractors after AWR, but I cannot see that it was ever resolved, it all went quiet.

[LisaContractorUmbrella]

If you are through an umbrella company you are entitled to draw on the holiday pay that will have been deducted from you since the start of your employment with them. As far as the AWR is concerned, whilst you are entitled to equal treatment after 12 weeks, the rate that you are being paid should be enough that it is equal to or higher than the total salary, including holiday pay, being paid to an equivalent permanent member of staff

HTH

[LisaContractorUmbrella]

OK the answer is no, AWR is based at strawberry pickers, not contractors.

Not to worry.

Not true on any level at all

[waterboy]

OK the answer is no, AWR is based at strawberry pickers, not contractors.

Not to worry.

[Sausage Surprise]

Umbrella Parasol

Ask them...they may have held back some of your pay.

[waterboy]

Umbrella Parasol

[RasputinDude]

What stek means is "are you being paid by an umbrella company (brolly), or are you invoicing through a limited (Ltd) company (Co) that you are a director and shareholder of?"

[stek]

My contract which is until 31/12/12, the last two weeks of the year the company is closing for Christmas, I am being extended for the whole of next year.

Am I entitled to pay for that two week period where I am not required?....they have contracted my services until 31/12....I was told that after 13 weeks into a contract I had the same rights as regular workers?

Is this correct?

Ltd or brolly?

[waterboy]

My contract which is until 31/12/12, the last two weeks of the year the company is closing for Christmas, I am being extended for the whole of next year.

Am I entitled to pay for that two week period where I am not required?....they have contracted my services until 31/12....I was told that after 13 weeks into a contract I had the same rights as regular workers?

Is this correct?