Historic Issue with Missing Holiday Pay

lincroft1710

badmemory said:

What about P60s which are a legal requirement & should have been copied to HMRC.  Who would have thought HMRC could actually be useful!!

Given the casual attitude of the employer towards record keeping and adherence to employment legislation, I have my doubts that the employer has issued any P60 especially pre 2015

badmemory

Surely they would still have had to give HMRC annual figures.

lincroft1710

badmemory said:

Surely they would still have had to give HMRC annual figures.

The OP may never have been officially "on the books" or at least for part of their employment. What should be and what actually is often differ.

SieIso

I have unexpectedly located several P60s from the timeframe of 2001-2012. It was during this timeframe that my former employer has conceded that they didn't pay holiday pay when they should have. It looks like I was hovering around the £2k per year mark. My former employer has stated that they're "flabbergasted" that I have found these and have asked for my intentions. What should I do?

Savvy_Sue

"My intentions? These are the figures from my P60s. Make me an offer, or I'll see you in court."

Adapted to the situation of course. Do they cover the whole period in question?

SieIso

Savvy_Sue said:

"My intentions? These are the figures from my P60s. Make me an offer, or I'll see you in court."

Adapted to the situation of course. Do they cover the whole period in question?

Not the entire period but enough to give a good approximation. I have since received an email with an offer of £500 to settle the matter. It's decision time.

lincroft1710

SieIso said:

I have unexpectedly located several P60s from the timeframe of 2001-2012. It was during this timeframe that my former employer has conceded that they didn't pay holiday pay when they should have. It looks like I was hovering around the £2k per year mark. My former employer has stated that they're "flabbergasted" that I have found these and have asked for my intentions. What should I do?

So contrary to your previous belief you are able to evidence some details of your employment. It shouldn't be too difficult to calculate a reasonably approximate amount you are owed. Good luck with your negotiations, hopefully you should get a bit more than you were originally expecting.

SieIso

My former employer feels £500 is a fair settlement in light of the P60s uncovered. By his calculations there are 11  years (2001-2012) to account for at an average £2100 gross salary per year and £500 represents "sufficient compensation".

What should I do?

lincroft1710

SieIso said:

My former employer feels £500 is a fair settlement in light of the P60s uncovered. By his calculations there are 11  years (2001-2012) to account for at an average £2100 gross salary per year and £500 represents "sufficient compensation".

What should I do?

2001 to 2012 is actually 12 years (inclusive reckoning),

By my calculations £2100 pa is around £40 pw, so the offer of £500 is giving you little more than a week's gross pay for each year for that period


You can only try negotiating with your employer, you basically have no other option.

SieIso

Employer has advised that he will consider payment for the P60s provided, however, how do I work this out? I was over 21 and on minimum wage.

2010 - My total salary was £3119. 
2011 - £3340.90.
2008-09 - £2485.96
April 2012 - Under dispute as some holiday pay was made in 2012 but payments were £2765.