You and the Law – 16th November 2010

Losing a day

My employer wants to cut my contracted holiday entitlement by one day to save money.  Is he allowed to do this?  CW

You are entitled by law to 5.6 weeks’ holiday a year; it would be illegal
for your employer to give you less.  Assuming you get more than the statutory minimum, the proposed cut is a contractual matter.  Employment contracts are legally binding on both parties.  This doesn’t mean that they can’t be altered, but if they are altered it should be by agreement.

If you can’t reach agreement having used the firm’s grievance procedure you could ask an employment tribunal to decide whether the change was
reasonable.  Your employer would have to make out a convincing case for
saving money.  If you have worked for the firm more than a year you will have some job security, but if it looks as though you may be sacked over the
issue you should take further advice.

Casual approach

We run a small family business and started using casual labour eight years
ago at weekends.  I kept records of payments made and submitted these to the Inland Revenue via our accountant.  We have now had a demand for seven years’ unpaid tax, amounting to over £20,000.00.  AS

It would appear that the Inland Revenue is suggesting that your casual
workforce should have been subject to PAYE.  Since you didn’t deduct tax at
source, they are now expecting you to pick up the bill.  They are entitled to
go back six years from the date they first asked you for the money.  In Inland Revenue terms this is a question of “status” employed or
self-employed.  If you can argue that your casuals are in fact self-employed
they should pay their own tax. 

The first step is to ask the inspector for an explanation of his decision in writing. You can always appeal, but you wouldthen be advised to see a suitably experienced solicitor.

This entry was posted in North Ainley News. Bookmark the permalink. Both comments and trackbacks are currently closed.
  • In This Section

  • Staff very approachable and patient at all levels.
    Mrs J V Baker - Ormskirk
  • Lisa Wright
    Lisa Wright
    15:05 25 Feb 19
    Cassie was fantastic throughout our sale and would recommend North Ainley if selling or buying a house.read more
    Lynn Findlater
    Lynn Findlater
    18:55 01 Dec 18
    I have used North Ainley for a number of years. They have successfully dealt with my parent's wills and more recently the sale of 2 properties. The staff are exceptional and imparticular Cassie who took care of the whole process from start to finish whilst I was overseas. She diligently chased all third parties and kept me informed at all times. I would recommend North Ainley as they have proved themselves time and again over the last 10 years in all of my family's legal affairs.read more
    Idnan Ahmed
    Idnan Ahmed
    12:57 30 Nov 18
    Excellent service. handled my latest commercial purchase professionally. Would recommend to anyone who is looking for a solicitors who are proffesional and easy to work with. Top service.read more
    Lucy Hoy
    Lucy Hoy
    16:39 27 Nov 18
    Excellent! Very friendly and fantastic communication throughout. Nothing was to much trouble. Thankyou Vinesh and Cassie. Would definitely recommend.read more
    Anil M
    Anil M
    15:11 04 Nov 18
    Fantastic Solicitors firm. Very professional. Close to Oldham Town Centre. Answer all your questions and concerns. Keep you upto date at every stage. I have used this firm for many years in buying and selling property. You can not go wrong using North Ainley Solicitors.read more
    Next Reviews
Menu