Our technicians are ‘self employed’ but they have requested holiday pay, I thought self employed people did not get holiday pay, are they entitled to paid holidays?


If your technicians are ‘self employed’ they will not be entitled to holiday pay. However a Tribunal will look at the working relationship and decide what it actually is. If your Technicians are classed as ‘Workers’ or ‘Employees’ rather than being ‘self employed’ they will be entitled to paid holidays.

A recent case decided in the Employment Appeals Tribunal, ‘EAT’, has clarified the position as to whether an individual is an Employee, Self Employed or a Worker. This question matters because the employment rights vary for each category.

From the 6 May 2014 anyone intending to make a claim to an Employment Tribunal has first to notify Acas in order to attempt to resolve their dispute without the need for submitting a claim.

Acas has recently published data relating to the use of their mediation service. Under the new regime Acas has a legal duty to offer conciliation, but the parties do not have to accept the offer.

At an industry event last week I was made aware of Dealers who were inflating the Manufacturer’s Recommended Retail Price, ‘MRRP’, and then offering the usual discount off the inflated amount.

On my return to work I checked some of my Suppliers and found a Dealer who had agreed to offer a 20% discount off the MRRP  but had been inflating the MRRP by 10% before applying the 20% discount.

All the invoices I have received purport to record the MRRP, but when checking with another Franchise Dealer I found the MRRP was 10% more from my Supplier. What can I do about this situation?

Organisations will now have to include regular non-guaranteed overtime payments when calculating holiday pay. Currently, only a worker’s basic pay counts towards this calculation.

The EAT ruling centred on the case of Bear Scotland v Fulton, where employees claimed that their voluntary overtime pay should have been included in their holiday pay.