Helping your business think big

Email a Friend

If I use a self-employed freelancer, but have paid them for regular hours each week for more than a year, are they entitled to holiday pay?

Entitlement to holiday pay depends on whether or not your freelancer will be defined as a worker. Employment status is a very complex piece of legislation and the entitlement of this person to holiday would depend on the contract and what HRMC considers their employment status to be. The nature of the working relationship can also change over time into something other than what was originally intended to be.

If this person has worked consistent hours each week and provides a particular personal service which they cannot easily turn down or pass on to someone else to complete, then there is a chance that this person may be classed as a worker and so entitled to holiday pay.

Generally, a truly self-employed worker would not be entitled to payment for a holiday period although it is always best to spell this out clearly within the contract for services between you both so that the intentions are clear. However, each individual case is different and fact sensitive so further advice should be sought in order to properly clarify your particular case.

See also: Holiday and new employees

Previous article

Statutory Sick Pay

Next article

Reducing salary

Post a comment


Wanda Piosek

I'm self employed, and I working 10 years in to the some companies, so the shut paid me holiday?

Max Goodchild-simpson

Perhaps the BRITISH HORSE SOCIETY could clarify Stable-Workers Rights?

Ronnie Swatson

I am self employed and have worked for the same company for 4 years am i entitled to holiday pay from my employer.


News | Law

New staff holiday rule to hit SMEs

News | Management

Holiday pay for sick workers worries employers

News | Management

Holiday pay ruling to hit business

Expert view | Employing staff

Calculating holiday allowances for part-time staff

Small Business Offers

More from Small Business

Starting a Business
How do the most famous entrepreneurs in the world stay fit?

How do the most famous entrepreneurs in the world stay fit?

Here's why being too busy is never an excuse to shun exercise. ...  

Financing a Business
Payment challenges for multinational businesses

Payment challenges for multinational businesses

Here, we look at the challenge of globalisation for a small company in relation to...  

SMEs show concern over possible impact of Brexit

SMEs show concern over possible impact of Brexit

Business owners are becoming increasingly wary of the impact of a potential Brexit, research finds. ...  

Small businesses and courtesy in the digital age 

Small businesses and courtesy in the digital age 

In the latest in his series of courtesy in business, David Cliff examines the downside...