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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 75915
Experience:  Qualified Employment Solicitor
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I am binitta, Lat time I spoke with you. But I couldn't make

Customer Question

Hello Good morning
JA: Hi. How can I help?
Customer: I am binitta
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: Lat time I spoke with you. But I couldn't make the payment using my debit card
JA: PayPal, Debitcard or credit card are all fine. Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: Ok I have worked at moorland gardens care home in Luton for 3 months before. After my resignation, I didn't receive my holiday payment yet. I discussed with the manager what was the situation. She can't do anything about it due to the release of 2 payrolls after my resignation.
Kindly update me with the status on the same. This is my issue
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Ok I need to speak with lawyer about my issue
Submitted: 9 days ago.
Category: Employment Law
Expert:  Ben Jones replied 9 days ago.
Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.
Expert:  Ben Jones replied 9 days ago.

When did you actually leave this employment please?

Customer: replied 9 days ago.
Hello
Customer: replied 9 days ago.
August
Expert:  Ben Jones replied 9 days ago.

OK I understand and thank you for providing this information. Please leave it with me and I will get back to you with my answer as soon as I can, usually the same day. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 9 days ago.
When I did the payment now, 55 pounds debited by card
Customer: replied 9 days ago.
Why it happens
Expert:  Ben Jones replied 9 days ago.

If you have any outstanding holiday pay when you leave your employment, the employer is obliged to pay that to you. If they have failed to do so, you have the option of making a claim in the Employment Tribunal to try and recover that. Just be aware that you only have 3 months to make the claim so you must act quick.

Before a claim can be made against the employer in the Employment Tribunal, the affected employee would be required to participate in a process known as ‘early conciliation’, which is administered through the Advisory Conciliation and Arbitration Service (ACAS).

The purpose of this process is to allow ACAS to mediate between the employee and their employer to agree on an out-of-court settlement in order to avoid the need for legal action in the Employment Tribunal. The employer does not have to engage in these discussions and the process is voluntary for them. If they refuse to participate, or the conciliation is unsuccessful, the employee will be issued with a certificate by ACAS allowing them to make a claim.

However, if a settlement is reached, the employee would officially agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be included as part of the settlement, such as an agreed reference.

In order to initiate the early conciliation procedure, ACAS must be contacted, either online by filling in the following form (https://tell.acas.org.uk/find-a-solution-to-your-employment-dispute), or by phone on 0300(###) ###-#### They will explain the process and what happens next and get the ball rolling on your behalf.

If the early conciliation process was not successful, ACAS have issued a certificate to confirm that and you still wanted to make a formal claim in the Employment Tribunal, the claim can be initiated via the following link:

https://www.employmenttribunals.service.gov.uk/apply

Expert:  Ben Jones replied 9 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 9 days ago.
Hello Ben
Customer: replied 9 days ago.
Can I get the chance to contact you through chat
Customer: replied 9 days ago.
also I didn't received p45 also
Expert:  Ben Jones replied 9 days ago.

Hi there, thank you for your further queries, which I will be happy to answer. According to regulation 36 of the Income Tax (Pay As You Earn) Regulations 2003, if an employee ceases employment, their employer must provide them with a P45 "on the day on which employment ceases or, if that is not practicable, without unreasonable delay".

What is reasonable would depend on the circumstances but it is likely that HMRC would generally consider it unreasonable if the P45 was not completed and sent out immediately after tax and any other deductions are calculated (usually once the final pay run for the employee has been completed).

If an employer does not issue a P45 as required, HMRC can be informed and they may make attempts to get the P45 from them. If they fail to co-operate with HMRC they can potentially be fined.

In the meantime, the employee can use their payslips as evidence of tax deducted or earnings over a period and should get further guidance from HMRC in terms of what they can do if the P45 is not supplied at all.

If you need to contact HMRC, they can be reached via phone on 0300(###) ###-####

Customer: replied 9 days ago.
Thank you for the response
Expert:  Ben Jones replied 9 days ago.

You are most welcome. If you have any further questions about this, please do not hesitate to get back to me and I will be happy to help. All the best