We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

No contract & pay issues

Options
13

Comments

  • Did you receive a P60 by the end of May 2024? If not that's another breach of the law. I'd be actively looking for another job.
    No i didn't. 
  • The statutory minimum holiday equates to 12.07% of wages.

    So if your holiday is "rolled up" your gross pay should be 12.07% more than it would be if you receive the normal 5.6 weeks (28 days) paid holiday. 

    If that is the case you are not losing out financially. Even then, whether you should be getting your holiday pay by the "rolled up" method is debatable but it is something of a moot point if you are not actually out of pocket overall.

    If, and I repeat if, your pay is 12.07 percent higher that it would otherwise be then you have in a round about way been paid for the "two week break" and indeed up to 18 other days per year when the business is closed and you don't work and "will not receive a penny".

    In the real world it would be best to work that out first before deciding how much to rock the boat.
    Thanks for this,  I called.ACAS, and they also confirmed this,  going back several months on my HMRC app, there is the gross pay, which doesn't add up to the hours works,  I did a simple calculation as acas told me.

    Wage per hour x hours worked
    Add 12.07 percent 

    This should give me my gross pay before any deductions .

    My wages don't even match what's on the app.

    I think I need to call a meeting and see what's going on, I can accept the 12.07% on top , but when the gross doesn't match my hours worked,  somethings amiss.

    Thanks for your help so far.

  • FlorayG
    FlorayG Posts: 2,208 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    Keep us posted
  • penners324
    penners324 Posts: 3,511 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Have you checked your HMRC personal account? Has this employment been submitted and showing on your record?

    I think think is vastly more important than the other points above.

    Are your pension deductions being submitted to the pension company? Ie get access to you pension fund ASAP.


    If the answer to either or both of these is no, then the employer is definitely breaking the law and possibly even committing fraud
  • gmje
    gmje Posts: 48 Forumite
    10 Posts First Anniversary
    edited 22 October 2024 at 5:43PM
    If this employer doesn't want to issue payslips and a contract  they are definitely in breach. Also if they want to close the business and go on holiday the least they can do is pay you 2 weeks holiday pay. goodness knows what you are supposed to live on. I just want to say that businesses who dare not to comply with the law are unlikely to change and you will be causing them grief , they will likely show you the door . Im glad youve called ACAS ,and if you do have a meeting at work please write down what is said and then report back to ACAS who should keep a case file open for you. Ask why you dont get a payslip and ask why you dont get holiday pay when the place is closed. Its unbelievable in this day and age. did you sign on while they were away?
    You also need a payslip to see the tax and National Insurance.I dont understand what app you mean where you said it doesn't match..........do you work for an agency thats placed you? or did you mean HMRC app?
  • gmje said:
    If this employer doesn't want to issue payslips and a contract  they are definitely in breach. Also if they want to close the business and go on holiday the least they can do is pay you 2 weeks holiday pay. goodness knows what you are supposed to live on. I just want to say that businesses who dare not to comply with the law are unlikely to change and you will be causing them grief , they will likely show you the door . Im glad youve called ACAS ,and if you do have a meeting at work please write down what is said and then report back to ACAS who should keep a case file open for you. Ask why you dont get a payslip and ask why you dont get holiday pay when the place is closed. Its unbelievable in this day and age. did you sign on while they were away?
    You also need a payslip to see the tax and National Insurance.I dont understand what app you mean where you said it doesn't match..........do you work for an agency thats placed you? or did you mean HMRC app?
    You could make an audio recording of this meeting.  (As you are party to it, you don't have to tell them you are doing so if you don't want to.)
  • Dazed_and_C0nfused
    Dazed_and_C0nfused Posts: 17,574 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    edited 7 January at 2:35PM
    The statutory minimum holiday equates to 12.07% of wages.

    So if your holiday is "rolled up" your gross pay should be 12.07% more than it would be if you receive the normal 5.6 weeks (28 days) paid holiday. 

    If that is the case you are not losing out financially. Even then, whether you should be getting your holiday pay by the "rolled up" method is debatable but it is something of a moot point if you are not actually out of pocket overall.

    If, and I repeat if, your pay is 12.07 percent higher that it would otherwise be then you have in a round about way been paid for the "two week break" and indeed up to 18 other days per year when the business is closed and you don't work and "will not receive a penny".

    In the real world it would be best to work that out first before deciding how much to rock the boat.
    Thanks for this,  I called.ACAS, and they also confirmed this,  going back several months on my HMRC app, there is the gross pay, which doesn't add up to the hours works,  I did a simple calculation as acas told me.

    Wage per hour x hours worked
    Add 12.07 percent 

    This should give me my gross pay before any deductions .

    My wages don't even match what's on the app.

    I think I need to call a meeting and see what's going on, I can accept the 12.07% on top , but when the gross doesn't match my hours worked,  somethings amiss.

    Thanks for your help so far.

    There can sometimes be valid reasons for that.

    Some pensions use the "net pay" method so if you earn say £400/week but pay 5% in pension contributions using the net pay method your income would only be shown as £380, not £400.

    It's certainly an unusual situation, the more common thing seen on here is employers providing payslips but not submitting anything to HMRC!
  • sheramber
    sheramber Posts: 22,479 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Are you the only employee?
  • sheramber said:
    Are you the only employee?
    I will be , 3 have left this week
  • Bit of an update .

    Returned from Holiday to all hell  breaking loose at my employment. 

    3 people have now left , seeing as im kind of important to the business , I'm giving it another couple of weeks.

    I rang hmrc and they have confirmed a my deductions are all upto date , 
    Explaining them my holiday pay situation,  they were confused with it all, so escalated it to another team within.

    My employer states I'm causing trouble , I'm not, I want answers,  they said I get holiday pay on my wages "rolled up" but why? I'm not seasonal ,part time or casual, I'm full time .

    Even if its paid on top of wages ,it's not correct .

    I'll keep you updated.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.6K Spending & Discounts
  • 244K Work, Benefits & Business
  • 598.8K Mortgages, Homes & Bills
  • 176.9K Life & Family
  • 257.3K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.