Finance advice required on claiming Gift Aid
Charlotte Bilton
Admin, Ops, IT & Finance
Hi everyone,
I am looking for advice regarding a claim for unpaid holiday pay from a charity where I recently worked.
My Situation:
- Role: Clinical Lead for a counselling charity.
- Duration: 12 months (Nov 2024 – Nov 2025).
- Contract: I was never issued a written contract of employment.
- Payment: I invoiced monthly for my hours.
- Working Pattern: I worked consistently, averaging 48 hours per month for the entire year.
- Status: Despite invoicing, I believe I fall under "Worker" status because:
- Personal Service: I was required to do the work personally (I could not send a substitute).
- Control: I managed their staff/students, used their email system, and had to follow their specific policies and procedures.
- Integration: I was the named Clinical Lead for the service.
The Issue: I have resigned from the role and my last working day was 28th November. I have never received any holiday pay and throughout my tenure of just over a year, I did not take a holiday because I could not realistically afford to. There was no agreement (verbal or written) stating that holiday pay was "rolled up" into my hourly rate.
My Question: Based on the lack of a contract but the reality of the working relationship (regular hours, personal service, control), am I correct in claiming 12.07% accrued statutory holiday pay for the total hours worked over the last year?
The charity is likely to argue I was "self-employed" because I invoiced them, but my understanding of Employment Law is that the reality of the relationship (Worker status) trumps the invoicing method.
Advice on this would be appreciated.
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