So I requested my holiday pay that had
Been held in a pot for me
Pay day comes round and £0, so rings up
And am originally told it’s paid every week ,
No I asked for mine to be kept in a pot , right
I’ll find out , so comes back and says it’s not been
Paid as there was no pay slip to
Attach it too ? But it would go in
Bank that afternoon but less 30 % tax , pension
I’ve no pension with them , if they can’t
Pay in morn as no pay slip available how is
It possible in afternoon , as there deducting apx
12% of your wages each week wouldn’t you pay tax
Then , not when you get paid it out of
Pot that’s made up from weekly hol
Deduction
Nb the hol pot was plus apx £60 parking , expenses , do you
Pay 30% tax on that ? Ta
dozy:
So I requested my holiday pay that had
Been held in a pot for me
Pay day comes round and £0, so rings up
And am originally told it’s paid every week ,
No I asked for mine to be kept in a pot , right
I’ll find out , so comes back and says it’s not been
Paid as there was no pay slip to
Attach it too ? But it would go in
Bank that afternoon but less 30 % tax , pension
I’ve no pension with them , if they can’t
Pay in morn as no pay slip available how is
It possible in afternoon , as there deducting apx
12% of your wages each week wouldn’t you pay tax
Then , not when you get paid it out of
Pot that’s made up from weekly hol
Deduction
Nb the hol pot was plus apx £60 parking , expenses , do you
Pay 30% tax on that ? Ta
Holiday pay is not put into a “pot”, except perhaps as an accounting convenience by the employer.
It is fundamentally a liability to pay, and when it is paid, you will be subject to tax at that point. You should receive an itemised pay statement as normal.
The calculation of it is based on your gross wage, not your net wage, so you will not lose money or be taxed at a different rate than normal. The net figure for a week’s holiday pay, should be roughly equivalent to your net figure when you are working.
You cannot request that the holiday is paid weekly in a rolling fashion, and the employer is not permitted to do so. If their argument was that they had done so, then they would have been breaking the law, and would have to pay an additional amount to provide the holiday pay to you at the time of taking holidays, in accordance with the law.
I recall a case where a crafty employment judge argued (obiter) that perhaps those who paid rolling holiday pay would be entitled to set it off against a future claim for money. But I don’t think that garnered any high authority, and it likely was intended to be applied to employers who had proceeded under a mistake of law (and who had clearly stated the holiday pay element on the payslip) before the question was settled by the courts, not those who have since set out to defy the law.
EU law has been clear that the pay must be provided at the time of holiday to encourage and enable the worker to take holiday without losing his regular income, not be provided as an ongoing pay supplement where the right to paid holiday would effectively be bought off (and where the employer would just drop the base wage and use the holiday supplement to subsidise it, so the worker would not actually be bought out, he would just be denied the right to paid holiday).
You may have been enrolled in a pension as required by law. You can opt out, but you have to follow a process with the pension provider, and do so within a limited period of time. A letter would be sent by the pension provider, to your address that the employer holds on file. You’d need to seek more information from the employer, if this has not happened.
The saga continues… 
Btw If I book 2 weeks holiday with my agency they pay me 2 weeks holiday pay, 1 weeks worth each week
I have two…
Agencies to consider when it comes to holiday pay.
The first agency make a weekly deduction. It’s called the ‘bucket and spade’ fund. It entitles me to preferential treatment at Blackpool when it comes to queuing for deckchairs (only in June though). A small percentage also goes towards a discount on kiss me quick hats.
The second agency don’t talk to me at all these days and I’m worried I might never see the money they say they have reserved for me. I can only hope that the ‘advantageous rate’ I can claim at Scoggins B&B in Clacton will be honoured.
Reading that completely incomprehensible post of dozy’s I’m guessing he is using an umbrella company but probably doesn’t know it.
Dozy, knock it on the head and go somewhere else and do it on PAYE.
PAYE holiday pay going into a pot is supposed to be a 12.07% ADDITTION to gross pay, rather than a “deduction” as if an extra tax of some kind.
Eg. Basic hourly rate £12ph, holiday payment paid by empoyee on top into a pot - £1.45ph
Work four 50 hour paid weeks over the next month, and you end up with a pot value of £290 for that month, which one might have the choice of taking as “a day’s pay” ten hours average @ 12ph = £120 per day taken OR just as a straight payment of £290 whever you want it…
The money stays in the pot until taken, at which point it is taxed and NI’d accordingly.
If you have not taken any holiday for 13 weeks in a row - you might get paid a whole week’s worth of it in one hit on top of whatever normal wages you worked last week.
It is illegal to pay someone so close to minimum wage that such a “deduction” would take it to below minimum wage.
Firms where “tipping” is a large part of one’s income - are also breaking the law in a similar manner - when they form their “headline hourly rate” out of what apparently is a combination of “average tips+basic hourly rate”. No Tips + £6ph basic for example - is a bent practice, that probably still goes on here and there, especially at “halfway house” outfits like Travelodge, known to employ ex-cons supposedly trying to “go straight” upon their release…
Once again, if one’s “estimate” of whatever “average tips” turns out to be over-stated, then the possibility occurs that one’s hourly rate might then drop below minimum wages as a result.
Conor:
Reading that completely incomprehensible post of dozy’s I’m guessing he is using an umbrella company but probably doesn’t know it.Dozy, knock it on the head and go somewhere else and do it on PAYE.
He can’t … as there’s only 1 Stobart in-house agency (aka the logistics people), & like a stick of Blackpool rock Dopy has Stobart written thru the middle of him. So he stuck with the logistics people’s pseudo pay scheme until “Brexit” is sorted and he can emigrate to Benidorm
[/quote]
He can’t … as there’s only 1 Stobart in-house agency (aka the logistics people), & like a stick of Blackpool rock Dopy has Stobart written thru the middle of him. So he stuck with the logistics people’s pseudo pay scheme until “Brexit” is sorted and he can emigrate to Benidorm
[/quote]
I’ve heard its not the Irish backstop holding up Brexit negotiations, but rather the question of which country gets to claim dozy as a citizen…Spain or UK…and neither want him!
fatboystu1:
I’ve heard its not the Irish backstop holding up Brexit negotiations, but rather the question of which country gets to claim dozy as a citizen…Spain or UK…and neither want him!
Ironically he stated he went back to work because his Missus reconned he was spending too much time in the boozer, which is the No1 activity for Brit expats in Benidorm where he’s planning to retire to