boss wont pay holiday after leaving or give p45

LawrenceStanley

So I left my PT job 17th December, after giving a notice period of 3 months. Boss said he didn't want me to use up my holiday days as he would rather I worked. Now he is saying 4 of those have been used up over Christmas which is after the point i left. First question, theres no way he can claim that right?

Secondly he hasn't paid me final pay check or given me my p45. Are there any rules about the length of time to be paid?

Thirdly, he has never ever paid me on time through out my time working there (about 1.5years on contract). Is there any legal come back on this? I doubt i'd ever go to court but he's a menace...

Thanks!

Scorpio33

Based on the information you have given, my assumption would be that he is using the holiday to cover your Christmas time off. If that was the case, your leaving date would be after those Christmas dates and therefore would be paying you until after that Christmas period. So it all depends on your final pay slip (which legally he has to give you).

In terms of when you will be paid, it is normally on the next pay run. It may be that your next pay run is in January, so you would receive the residual (along with your P45) then.

Technically, if you are paid late, that is a breach of contract. The does entitle you to leave without giving notice, but it doesn't give you recourse for much more, as he has still paid you. The only possible things is if you have suffered financially as a result of the delay in payment, which is difficult to prove and may not amount to much anyway.

For clarity: Your P60 is given to you by whoever employs you at the end of the tax year (April). You should still get your P45 though, but if you don't then HMRC should have the requried figures, or your new employer should be able to assist.

Brynsam

LawrenceStanley wrote: »

So I left my PT job 17th December, after giving a notice period of 3 months. Boss said he didn't want me to use up my holiday days as he would rather I worked. Now he is saying 4 of those have been used up over Christmas which is after the point i left. First question, theres no way he can claim that right? Wrong, if your official leaving date is later than the date on which you last physically worked.

Secondly he hasn't paid me final pay check or given me my p60. Are there any rules about the length of time to be paid? Starting point is always your contract, or failing that what is 'reasonable' in the circumstances, provided it complies with any legal requirements. P45s have a habit of being extremely late or not turning up at all, but simply filling a new starter form (which your new employer will be able to supply) should solve that problem. You won't get a P60 at all this tax year unless you are in employment as at the end of the tax year.

Thirdly, he has never ever paid me on time through out my time working there (about 1.5years on contract). Is there any legal come back on this? I doubt i'd ever go to court but he's a menace... Far too late to complain. The fact you carried on working despite the tardiness, which must have been infuriating as well as inconvenient, coupled with the fact you've now left, ensures you have no chance of successfully claiming anything.

Hope both your pay cheque (including holiday pay) and P45 turn up this month!

LawrenceStanley

Sadly i'm still no better off with my understanding of the situation - no p45 or final pay check. I know he fiddles the system for his own gain anyway and likewise with the PAYE software.

I worked 6 days in December, on my latest payslip (which doesn't say anything final on it) he's put down i worked 8 with 4 holidays used. The payslip says i have 12.50 holidays left.

His comments were: "Yes no worries, you still get paid for the holiday but its recorded over Christmas, its paid holiday – don’t stress. It just means with 6 days, it’s like you have worked 10 days. Then it should confirm the extra once I do the P45".

Can anyone tell me what this means? I'm just wary of being screwed over as it has happened to a few others before. Thanks so much.

Comms69

You have 6 years to pursue this in small claims, and 3 months (less a day) via an ET, plenty of time yet. Just see what happens

PasturesNew

Many don't give you a P60. They are all run off in one batch at year end, 4 April, and distributed.... so you might get that in the post April/May.

DCFC79

PasturesNew wrote: »

Many don't give you a P60. They are all run off in one batch at year end, 4 April, and distributed.... so you might get that in the post April/May.

This is how Ive always received my P60s.

Savvy_Sue

You only get a [STRIKE]P45[/STRIKE] P60 from an employer if you're working for them at the end of the tax year.

Edited because I was confused by the OP's confusion ...

p00hsticks

Savvy_Sue wrote: »

You only get a P45 from an employer if you're working for them at the end of the tax year.

That's a P60.

You get a P45 when you leave the job.

General_Grant

Just to confirm re forms:

P45 is issued to a leaver

P60 is issued to those on the payroll as at 5 April (hence received April/May) so should not be issued by this employer to OP for current year

OP - if you think your employer may not be dealing correctly with HMRC, do keep all your payslips showing tax and NI deducted.

Savvy_Sue

p00hsticks wrote: »

That's a P60.

You get a P45 when you leave the job.

Of course. I have amended my post, I was confused by various mentions of a P60 when it was clear (to me) that P45 was what was needed / expected ...