Minimum period for holiday entitlement and P45s

cr1mson

I worked for a well known retailer for 3 weeks (actually 22 days) before getting another job. Got final pay yesterday and it is short which I am going to investigate.

However also I take it I would still have accrued holiday during that time which should be paid when I left. There is no minimum qualifying period is there?

My contract was for 8 hours a week and I never worked more than that so according to Businesslink calculator I am entitled to 2.8 hours does that sound right?

Also am I right in saying as I was below tax and NI threshold they are under no obligation to provide a P45.

Thank you for reading and hopefully answering!

C

Notmyrealname

You accrue holiday from the very first hour you work at a place. Whilst there may be a condition you cannot take it in the first few months of employment or cannot take leave you've not accrued, when you leave the job it should be paid along with your final wages. 2.8hrs does sound about right. They do have to provide a P45 but won't do so until after any holiday pay and final salary is sorted.

Uncertain

I agree - they must pay holiday and issue P45 by law.

If you were full time holiday accrues at just over 1 day for each two weeks worked so your 2.8 hours is in the correct proportion.

chrisbur

Assuming that your earnings were allways below the lower earnings limit, (LEL) for NI and no other reason to operate a P11 (eg second job or handed in a P45) all an employer has to do is, keep a record of earnings and get you to complete a P46 which is held by them and not advised to the tax office unless earnings increase any week to the LEL; then a P11 is required and the P46 is advised to the tax office. If there is no P11 requirement then a P45 will not be issued.

This has no bearing on holiday pay which I believe is accrued as soon as you start work.

cr1mson

Thanks all. Finally managed to get a hold of my payslip (only previously knew amount from money going into bank account!) and they have paid my holiday pay rounded up to 3 hours but missed off 12 hours I worked! Have written letter to Manager as was unable to speak to her today giving detailed calculations as to why I believe it to be wrong and asking them to correct it asap as was relying on money being paid before Xmas.

Thanks again.

C