No contract & pay issues

Undervalued

[Deleted User] said:

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.

Do you meant not the correct amount or not the correct way of paying? (Or possibly both!)

It almost certainly isn't the correct way of paying your holiday but, as I said a couple of weeks ago, it is largely a moot point if you are getting the correct money.

It doesn't sound a great company to work for but if you are not out of pocket would it not be best to find a preferable alternative before making too much fuss and potentially being shown the door?

With less that two years service you can be dismissed for no reason at all, just by being given a week's notice. Yes, certain things are "protected" (such as asserting a legal right - which this may be) and you might get some compensation eventually from an Employment Tribunal. But do you want that hassle and will the firm still be in business perhaps a year down the line when you have got that far?

If you leave on your own terms you can always "shop" them to HMRC who might give them a slap on the wrist - always assuming they are still trading by then!

saajan_12

[Deleted User] said:

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.

What do you mean by not correct. Aside from the issuing payslips concerns, the bottom line is you're effectively being paid 10.8% less that you thought you were. Your current salary but with unpaid vacation is the same as a 10.8% lower salary with paid vacations.
Are you happy with that? If not, then either negotiate that up or move. 

EnPointe

[Deleted User] said:

FlorayG said:

[Deleted User] said:

FlorayG said:

LightFlare said:

I’m wondering if the OP is being considered as Self Employed

That needs to be established 

That's going to be a bit difficult if the employer isn't co-operative and won't give any sort of payslip or invoice

No i am employed full time , with a start and finish time with a set hourly rate .

Then your employer is breaking the law. You are entitled by law to a payslip that shows all payments and deductions
What is your hourly rate?

Hourly rate is irrelevant 

it;s very relevant  for  Minimum wage purposes, especially if the employer is  trying to illegally operate 'rolled up ' holiday pay , which is  very  dodgy for casuals and effectively illegal for  people with contracted hours 

[Deleted User]

saajan_12 said:

[Deleted User] said:

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

I'll keep you updated.

What do you mean by not correct. Aside from the issuing payslips concerns, the bottom line is you're effectively being paid 10.8% less that you thought you were. Your current salary but with unpaid vacation is the same as a 10.8% lower salary with paid vacations.
Are you happy with that? If not, then either negotiate that up or move. 

So again I've been on the.phone to hmrc and Acas.

Acas informed me I shouldn't be on rolled up holiday pay as I work full time  , my hours don't vary apart from doing overtime .

Hmrc said my gross pay with he add on of 12.07% doesn't match what's been added onto the system .

Going back over my wages on hmrc none of the gross totals match what's on my time sheet , with £20 difference in most cases .

The calculations are simple hours × hourly rate + 12.07% , gives gross without deductions .

More to follow tomorrow , when i dont get paid on time , last pay was 9 days late.

See my frustration ?

I.can turn up on time.

[Deleted User]

EnPointe said:

[Deleted User] said:

FlorayG said:

[Deleted User] said:

FlorayG said:

LightFlare said:

I’m wondering if the OP is being considered as Self Employed

That needs to be established 

That's going to be a bit difficult if the employer isn't co-operative and won't give any sort of payslip or invoice

No i am employed full time , with a start and finish time with a set hourly rate .

Then your employer is breaking the law. You are entitled by law to a payslip that shows all payments and deductions
What is your hourly rate?

Hourly rate is irrelevant 

it;s very relevant  for  Minimum wage purposes, especially if the employer is  trying to illegally operate 'rolled up ' holiday pay , which is  very  dodgy for casuals and effectively illegal for  people with contracted hours 

Hourly rate is over £16 pH. 
No contract
No specified hours , but they seem to roll at 40 ish a week.
I'm not part time or flexi 

Tia.

FlorayG

Following this because I have a friends in a similar situation. How helpful were ACAS?

gmje

FlorayG said:

Following this because I have a friends in a similar situation. How helpful were ACAS?

ACAS are pretty easy to chat things through and of course they know the law

Savvy_Sue

gmje said:

FlorayG said:

Following this because I have a friends in a similar situation. How helpful were ACAS?

ACAS are pretty easy to chat things through and of course they know the law

Although the people answering the phone are NOT trained lawyers, and are generally only to give very generic advice. (In other words, sometimes they may give unreliable or incomplete advice.)