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My first payslip with IR35 and I don't get it!

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    #21
    Originally posted by eek View Post
    Really? Keeping it is rather dubious bordering on illegal
    What Giant have done is pretty much the default position for for Umbrellas, unless they tell you otherwise. They accrue your holiday pay so that you still get a "as close to normal" pay if/when you do take a week or two off. Any unused holidays accrued will be paid back at the end of the year.

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      #22
      Originally posted by Paralytic View Post
      What Giant have done is pretty much the default position for for Umbrellas, unless they tell you otherwise. They accrue your holiday pay so that you still get a "as close to normal" pay if/when you do take a week or two off. Any unused holidays accrued will be paid back at the end of the year.
      Hi

      This was the default position, but it has changed over the years. Given the court rulings concerning holiday pay and commission (e.g. Lock v British Gas, etc), a lot of umbrella employers now don't risk the additional liability and pay it out in each pay run, but give the option to accrue if that is the preference.

      Kind regards


      Zeeshan
      Dolan Accountancy

      Contractor Umbrella

      01442 795 100

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        #23
        Originally posted by Paralytic View Post
        What Giant have done is pretty much the default position for for Umbrellas, unless they tell you otherwise. They accrue your holiday pay so that you still get a "as close to normal" pay if/when you do take a week or two off. Any unused holidays accrued will be paid back at the end of the year.
        It's the bit in bold which is important here.

        Originally posted by PTP View Post
        -------------------------------------
        "Currently, there is £XXX in your holiday pot. ***IMPORTANT*** Please note that the pot empties in January and you lose any unclaimed funds. Therefore, please ensure that you have claimed all holiday pay by the 28th of December."
        -------------------------------------
        And while it's actually clear cut (you would get the money back if it went to tribunal assuming you had the calculations right) as Zeeshan says it's easier just to pay it with the pay run. Some umbrella's (those catering for a different market sector) may however retain it to try to ensure their workers have a more consistent income.
        merely at clientco for the entertainment

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          #24
          I'm not sure if this will help the initial query, but we have a net pay calculator on our website which will demonstrate all of the figures. Umbrella – Contractors | Fair Pay Services

          You should have a Key Information Document from your agency (if the assignment started after April) and the figures should be reflected. There is a difference of opinion between agencies whereby some will issue actual examples on the Key Information Documents and some will issue representative examples. I'm sure as time goes on, EAIS enforcement will determine what the acceptable position is and this may result in more accurate information being given upfront.

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            #25
            If they do not repay the holiday pay back it is classified as an unlawful deduction of earnings - so definitely not something that should be happening, I would urge all contractors to check that as the figures that you are out of pocket could be huge!

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