Question about paid holiday for freelancers

14
Found 30th Jul
Evening. My wife has been working on a freelance basis for the same company for 38-39 weeks (working between 4-5 days a week, and does not work for anyone else)

She is fairly new to freelancing and is not sure if she is entitled to holiday pay (her employer has not mentioned anything about this)

If there anyone who can advise?

Many thanks
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14 Comments
Is that not the same as self employed?
She’s paid by her employer on a freelance basis currently..
She's consider self-employed. Freelancers aren't employees.
I did freelancing for one company only for years and they hired me on a self-employed basis.

Anyway this will be clear in the contract she signed or agreed to.
Probably not.I work freelance and don't get holiday pay.
Is she under IR35? Does she go through an agency? Basically who pays her and has she formed a limited company? Depending on the answers to above she may be entitled to holiday pay.
Contact ACAS, they will give accurate impartial advice. They're not just there for the nasty stuff.
Thanks all, will ask her to contact ACAS tomorrow. Ref payment she invoices the company she works for and is paid directly by them - hasn’t formed a Ltd company, just registered as self employed.
Edited by: "geforce" 30th Jul
Based on that I highly doubt they will cover any holiday pay.
No holiday pay, no sick pay, different NI/ taxthat’s part of being freelance
Edited by: "eslick" 30th Jul
geforce2 h, 5 m ago

Thanks all, will ask her to contact ACAS tomorrow. Ref payment she …Thanks all, will ask her to contact ACAS tomorrow. Ref payment she invoices the company she works for and is paid directly by them - hasn’t formed a Ltd company, just registered as self employed.


Self-employed people don't have any sickness or holiday pay and pay their own taxes.
Was one so I know by experience. She's really employed but companies will hire you as self-employed so they don't have to pay you contributions, holidays etc.
Edited by: "hearts22" 30th Jul
Get professional advice. Some self employed people are entitled to holiday pay. Self employed man wins holiday pay in court.

The general rule was that they don't, but that all changed in the last 5 years.
I believe the cases that have been through the courts recently are around contracts that restrict people working for other companies and being able to vary hours. You’d need to take professional advice but if one of these are applicable it’s worth further investigation. If she is free to work for others and can choose to turned down work (I.e. for a holiday) then I think it’ll be unlikely.
Just to say that if she takes action to get holiday pay (whether she is eligible or not) the company will likely not offer her any more work, as she is freelance and not been working there for two years she will not be entitled to redundancy either so I guess you need to weigh up the benefit worth the potential loss of income.
Edited by: "cmdr_elito" 31st Jul
As others have said. READ THE CONTRACT. No-one on here can give you an accurate response based on the information in your post.

If you answer these questions, you can get better info;

Is the second party (in addition to your wife) in the contract the firm she works for or an agency?
How is she paid? By them through their payroll or based on an invoice she submits?
If via an invoice; what is the nature of the firm raising the invoice? Is it her firm or an Umbrella company or an Agency?
Does the firm say when (what hours) and where she works?
Does she have to ask for holidays?
Does she have to ring in sick?
Do they give her work to do or does she agree her own work outputs?
Do they require her to have Professional Indemnity liability?
Does she have to do the work personally or can she send in another person in her stead, or sub contract the work, without getting prior permission from the firm? (the contract will have a section on sub contracting if she can do it. No section = no sub contracts)
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