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Holiday Pay and No contract

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  • Holiday Pay and No contract

    After starting up a shop for my employers, I was let go on August 18th 2013, very unfairly and without warning, but as I started my employment on 26th Feb 2013, I realise that there's nothing I can do.
    I have had quite a problem claiming the holiday pay and weeks pay in lieu of notice, but finally yesterday it was paid, after they'd already issued my P45.
    The amount of £364.82, had £72.80 deducted and £25.86 National Insurance, leaving me with£266.16.
    I believe that I have overpaid tax, which I took up with them, and they have replied that their accountant had to tax me on a week one basis, as my P45 had already been issued. They tell me I have to reclaim the tax myself.
    I have had half a weeks benefits since , about £48 and 3 weeks of employment of around £181 after tax and ni. My new employer didnt tax me on a week one, so I'm a bit confused.
    I had previously threatened them with an Industrial Tribunal.
    Although asking for a written statement of particulars twice, I was never issued with one. Originally I was told I had to work for 12 weeks, 6 days a week, to develop the business , then I could change to 5 days. I worked all hours for the first 12 weeks, approx 50-55 a week, then after this period went down to about 44-45 hours. During the last 8 weeks of my employment , for a couple of weeks , I only worked for 30 hours, but then returned to 44-45. My pay was worked out as an average over the last 12 weeks, which is annoying , as I wasn't allowed to take a holiday during the first few weeks.

    Anyway , the point is, should they have taxed me on a week one basis, and would this have increased the amount of tax by about £35?
    Do I still have a case for an Industrial Tribunal? I have incurred bank charges during this time and struggled to pay for food etc during the time I had to claim benefits, until finding further work.

    Sorry this is so long winded, and hope someone can give me some good advice
    Tags: None

  • #2
    Re: Holiday Pay and No contract

    Hi and welcome!

    If they have paid your all your wages and holiday pay due, you wouldn't have a case for an employment tribunal just because of the way they have taxed your earnings. Their accountants are correct, you can reclaim the overpaid tax yourself without the need to sue anyone, see this for reference: http://www.hmrc.gov.uk/incometax/overpaid-thro-job.htm

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    • #3
      Re: Holiday Pay and No contract

      Hi Quasigenisland,

      As you have been paid in full to the date of dismissal, I cannot see any cause of action for an ET claim.

      As FlamingParrot points out, if there is a suspected overpayment of tax, this is a matter which can be dealt with by HMRC.
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

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