Advice on resignation and P45

[Ottokitty]

Hello I'm hoping that Flowery or one of the HR experts is around to help with this query - thanks in advance.

I took a part-time minimum wage job outside of my normal field following redundancy in a small business working for the owner in June 2012. During this time holiday pay was never paid but I worked set, regular hours (27 hours a week) plus because of my skills base I helped out with PR. There were never any complaints about my performance or my commitment, I never took a day off due to illness etc. Fast forward to November 2013 when I had a very serious accident requiring bed rest and Physio. I notified employer of this and was due (in my mind) to go back to work at end of March acc to medical advice and I was in touch with boss during this time via text to update them on progress. They were very supportive. I had another smaller accident and then got in touch with boss about three weeks ago to say that I wasn't coming back (quite a bit of heavy physical work) and thanking them for their support and wishing the business every success. The business has changed quite a bit whilst I've been away and I fully expected not to be on the rota but I've not had any reply to my email. Do I chase to get my P45? And I suspect I'm absolutely barking mad to expect holiday pay?

I'm not an expert but I am responsible for payroll in my organisation. When I asked HMRC for advice for a new employee who hadn't received a P45 they advised just to use a P46 because the tax year had just changed - as it has now. Therefore I think I'd chase it but I don't think you actually need it for a new job. TBH I was very surprised how blase they were about it.

And yes you are entitled to holiday pay!

I've not had a P46 either (is that from the employer or from HMRC?) Let's just say my boss was lovely but a bit laissez-faire...
Thanks for your help

My pleasure.

You don't get a P46 from your old employer. You can just download it from the HMRC website and fill it in. Otherwise your new employer will give you one.

Actually, these days all information sending to HMRC is done electronically but I still use the paper P46s when I ask employees for the details I need to set up the payroll.

OP does need a P45, nowhere in her post does she say she is starting a new job and if she officially left on or before 5/4 she won't get a P60 so her P45 is her only proof of earnings for last year if she needs to fill in a tax return or claim tax credits etc. Give them a ring, they should have sorted this for you unless they have counted your last "working" month as being April and haven't done the April payroll yet!

You are entitled to holiday pay and should have been getting paid it from day 1, however there is no scope within the legislation (Working Time Regulations)) to carry over holidays not taken from the previous holiday year so you only really have a legitimate claim for holidays owed from the start of your employer's holiday year (usually, but not always, April) to the date of your resignation.

Holiday entitlement is 5.6 weeks per year (28 days if you work 5 days per week, calculated on your normal daily working hours), which in your case would be pro-rata'd to take into consideration your part-time hours if they were over less than 5 days.

Did they pay you at all whilst you were off sick? If so was it just SSP or did they top it up? If they topped it up they could legitimately claim that to be set off against any holidays owed.

If they send you a P45 without paying any holiday pay that might be owed they can still pay it to you as a "payment after leaving" at a later date. However, if you started in June 2012 you would have to claim this via small claims yourself if they don't pay as you haven't been there long enough to qualify to take them to a tribunal.

I think she can bring a tribunal case for breach if contract if holiday pay is not paid, there is no qualifying period for this right. The qualifying period of employment applies to bringing a case for wrongful dismissal.