holiday job (student) status and rights

tralfamadorian · PayPerShop Newbie Joined: 05 Oct 2008 Posts: 1

Hiya!

I’ve encountered some kind of a intricate situation with my summer job as a student, and I would like to know what are my rights, especially regarding holiday pay. I know that there are similar topics for figuring out our status, but none of them look into student’s perspective. I’ll be very thankful for a advice. So here’s the case:

I undertook my summer job (in a polish ‘shop’, as I’m Pole) after the end of academic year in May. It was a small shop together with traveling agency, actually not a big business rather small enterprise. The character of my work was rather simple: to work part-time on the weekends in the office, plus one additional day. Additionally I was helping in with financial reports, dealing with contractors and translating the product’s labels. So apart from obligatory weekends my job was flexible. I didn’t have a proper contract for the period of 3 month when I was working there. The owner of the business is well-known for delaying things and not-respecting workers-rights. I just couldn’t get it. And now I’m trying to figure it out what’s my real status. The owner claims that I was self-employed and that’s why and can’t claim my holiday pay. But when I get through the description of a self-employed and employee, worker characteristics it looks like I’m more likely to be considered as a worker (or even employee).
And the most important issue I want to ask for: When I fill out the P38 form, (which is for students who intend to work only during holiday time, and therefore they don’t have to deduct tax), doesn’t that mean that automatically they are considered as a employees or workers with a basic worker’s rights? My point is, whether filling out P38 form is sufficient to be eligible for a holiday pay?
If you can help me to sort this thing out, I’d be very grateful for any suggestions,
I am looking forward to hearing from you,

Michael

Ian Congreave

Welcome to the PayPerShop forum and thank you for your question.

If you were asked to complete form P38(S) on starting your holiday job, that is a clear indication that your employer is treating you as an employee for PAYE and NICs purposes. If you are an employee for tax purposes, you are also an employee for employment rights purposes. In any event, from your description of your job, there is little doubt that you are an employee.

I suggest that you visit your local Citizens Advice Bureau immediately. An adviser there will look at the situation and help you to enforce your rights.
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Ian Congreave, PayPerShop owner

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