Geek
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RE: Minimum wage and holiday pay
You are entitled to receive the NMW rate per hour of work. You are also entitled to paid holiday. If the employer has legally brought in rolled up holiday pay this will be in your contract and shown on the payslip as a separate line, paid each pay period, otherwise it breaches the rules. Do please call ACAS 0300 123 1100 if this is not happening -
RE: Salary sacrifice pension contributions and maternity leave
If you are operating a salary sacrifice scheme, you have legally changed the employee contract and reduced the salary in exchange for a benefit in kind at the cost of the employer. This must be maintained whilst an employee is on statutory leave so not to cause a breach of contract, discrimination, constructive dismissal etc and there are multiple tribunal cases that involve maternity. The employer manuals offer a lot on this, 2 of which are: https://www.gov.uk/hmrc-internal-manuals/employment-income-manual/eim42766 https://www.gov.uk/hmrc-internal-manuals/employment-income-manual/eim42753 -
RE: P45
The P45 is no longer submitted to HMRC, it is an employee document that may be used for a new employer (subject to certain rules). The old employer has to tell HMRC that you left via their FPS and should have done this at the same time as processing your final pay. You should email / call the payroll department at both pervious employer's and ask them to tell you the date of the FPS submission where they made you a leaver and notified HMRC, and then with this (you will also need their PAYE reference which is usually on the payslip, and definitely on your P45 copy) you can call the HMRC employee helpline and get them to check the submissions and update your record. You will receive a new tax code should you be owed any money from HRMC -
RE: Pension contributions
If your employee has signed up to a contractual reduction in remuneration in exchange for a benefit (salary sacrifice agreement) what you are calling the employee contribution is in fact the employer contribution. Whilst your person is unable to make the sacrifice from the original remuneration as they are on statutory leave the employer legally has to carry the burden for the whole amount for the whole period of time. So in this case the employer will have to maintain the full 10% contribution, based on the amount in the contractual change (so that is the 10% of the original salary). -
RE: PAYE adjustment error
You would be best to call HMRC on 0300 2003300 as they won't answer personal queries on here. Hope this helps -
RE: Tax relief on travel
You can claim relief through your self assessment for these site visits. Do ensure that you keep a full record of each trip[ and associated mileage. 45p mile for 1st 10k miles, 25p thereafter - if you dont charge this to your employer -
RE: Scottish Tax Band widths
https://www.gov.scot/publications/scottish-income-tax-2024-25-factsheet/ -
RE: Do tips/service charge qualify for SMP calculations
You may wish to speak to ACAS on this as it will depend on exactly how the tips are paid (via your employer and subject to tax and NI, or if they are through a 3rd party) and your contract as well as the legislation. The calculation is on the overall average of the qualifying weeks, it may be that you have not hit the threshold in that period. You can check the calculations yourself https://www.gov.uk/maternity-paternity-pay-leave -
RE: Remote UK employee and right to work travelling abroad
I would sugest you have a conversation with a tax specialist as this is a complex case. As for council tax, you need to speak to the local council on the property you may be renting. You may wish to have a trusted friend's address as the address for correspondence -
RE: Potential contract overlapping
You must complete the New Starter Decleration before commencing your new role - https://assets.publishing.service.gov.uk/media/6331a05f8fa8f51d29278ebc/Starter_checklist.pdf. At the point of starting the new role you will have more than one employment so you would need to tick box C. As soon as your other contract has ended, and as long as you have been paid in your new role you can call HMRC and ask them to allocate your tax code to the new employer (you will need the old and new PAYE reference for this call) 0300 200 3300 - be prepared for a wait - the employer helpline is regularly 2+ hours wait! Just be aware that it is very close to the payroll year end, and depending on the timing of your call and the payroll department cut off dates it may overlap and not reach them in time. Do ensure that as soon as you receive your P45 from the previous employment pass this over, otherwise your P60 may not include the whole year figures. Do keep your P45 copy in case this happens for tax purposes (keep it for at least 7 years to be safe)