A maintenance worker at the nursery has just asked to be paid holiday when he takes his vacation in August. However, the nursery has a contract with him that clearly states he is self-employed. Is he due holiday pay?
Despite what the contract says and depending on the reality of the arrangements with the individual, it is possible that he could be entitled to holiday pay and other rights as a “worker”.
Employers commonly assume that workers treated as self-employed for tax purposes have no employment rights. While that is true for those self-employed who genuinely run their own independent businesses, it is incorrect for a growing number of self-employed workers. Further, the documentation between the parties and tax status is rarely determinative of whether an individual is self-employed, a worker or an employee and the courts and tribunals will instead consider the arrangements in practice.
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