The Student Room Group

what law have my employers broken?

if i signed a contract to be paid £5.95 but they are paying me £4.86 or some wehere down those lines of £4.... what laws have they 'broken' what action can I take?
Original post by iheartmondays
if i signed a contract to be paid £5.95 but they are paying me £4.86 or some wehere down those lines of £4.... what laws have they 'broken' what action can I take?


isnt that the tax thats deducted?
Original post by worldscollide

Original post by worldscollide
isnt that the tax thats deducted?

:yes: Looks like it could well be.

OP, check the 'tax code' shown on your payslip. It's probably "BR", which means that you'll have Income Tax deducted at a rate of 20% without taking account of your annual tax-free 'personal allowance'. If so, complete a form P46 and give this to your employer, which should allow them to update your tax code (likely to "647L"). Once they've done that, you should receive a refund of any overpaid Income Tax through the payroll system the next time that you're paid.

http://www.hmrc.gov.uk/forms/p46.pdf
Reply 3
Original post by Illusionary
:yes: Looks like it could well be.

OP, check the 'tax code' shown on your payslip. It's probably "BR", which means that you'll have Income Tax deducted at a rate of 20% without taking account of your annual tax-free 'personal allowance'. If so, complete a form P46 and give this to your employer, which should allow them to update your tax code (likely to "647L"). Once they've done that, you should receive a refund of any overpaid Income Tax through the payroll system the next time that you're paid.

http://www.hmrc.gov.uk/forms/p46.pdf


Not always, sometimes it gets refunded at the end of the tax year.
I just rang HM revenue up and they and my employer changed it between them and I got my tax back in about 2 weeks. I didn't have to fill out any form :erm:
Reply 5
Sadly I agree that it is proberbly they diffrence between sallary paid out and and final money recieved.

Clearly if its not, then they are in breach of there own contract.


Daniel
Original post by Kenny_uk

Original post by Kenny_uk
Not always, sometimes it gets refunded at the end of the tax year.

Not if you're currently in employment and your tax code is updated as I mentioned. The 'Pay As You Earn' system works on a cumulative basis and makes corrections to total Income Tax paid each time that an employee is paid.
Original post by SpiritedAway

Original post by SpiritedAway
I just rang HM revenue up and they and my employer changed it between them and I got my tax back in about 2 weeks. I didn't have to fill out any form :erm:


Yes, this can work as well, depending on the level of information that HMRC have available to them.
Reply 8
Original post by Illusionary
Not if you're currently in employment and your tax code is updated as I mentioned. The 'Pay As You Earn' system works on a cumulative basis and makes corrections to total Income Tax paid each time that an employee is paid.


This happened to me when I worked for comet, my tax code was updated, yet they still told me I had to wait until the end of the tax year to get it back.
Original post by Kenny_uk

Original post by Kenny_uk
This happened to me when I worked for comet, my tax code was updated, yet they still told me I had to wait until the end of the tax year to get it back.

Without more detail I can't say why this happened, but this isn't the normal operation of PAYE. Possibly you were put onto a 'non-cumulative' tax code, but this is unusual.
Reply 10
Original post by Illusionary
Without more detail I can't say why this happened, but this isn't the normal operation of PAYE. Possibly you were put onto a 'non-cumulative' tax code, but this is unusual.


was on the emergency tax code, got moved over to another one after a few months, probably because it was my first job.
Reply 11
Hi

It looks as if your employer has unilaterally varied the terms of your contract regarding your pay. This variation of a fundamental term amounts o a repudiatory breach and thus you should have a look at your s.1 statment which should telll you how much you should be paid, where you should be working, etc.

You can claim compensation. if your not sure what to do i suggest you go to your CAB advisor who will asssit you further.

GOOD LUCK!!
Original post by farhan9676

Original post by farhan9676
You can claim compensation. if your not sure what to do i suggest you go to your CAB advisor who will asssit you further.

GOOD LUCK!!

This is just a slight overreaction! :erm: As a first step, the OP should definitely check their payslips and discuss with their employer if it's not clear what's going on. :smile:
Original post by iheartmondays
if i signed a contract to be paid £5.95 but they are paying me £4.86 or some wehere down those lines of £4.... what laws have they 'broken' what action can I take?


Very good point there. well what they are doing is illegal my friend. they should not underpay you and you have every right to get every penny owed to you. ok so thats like £1 an hour right? so a day is about £7.50 say for example. that makes it about £42 a week that there underpaying you. have a word with the manager or whoever is in charge and they MUST under any circumstances pay you full wage and any other money not given to you. its as simple as that they Must. they can't argue with you then. but do something about it, make the first move. i cant see your employer coming to you and saying look heres the money you lost out on unless you make a stand. good luck pal and let us know how u got on:smile:
Reply 14
Original post by markberry91
Very good point there. well what they are doing is illegal my friend. they should not underpay you and you have every right to get every penny owed to you. ok so thats like £1 an hour right? so a day is about £7.50 say for example. that makes it about £42 a week that there underpaying you. have a word with the manager or whoever is in charge and they MUST under any circumstances pay you full wage and any other money not given to you. its as simple as that they Must. they can't argue with you then. but do something about it, make the first move. i cant see your employer coming to you and saying look heres the money you lost out on unless you make a stand. good luck pal and let us know how u got on:smile:
Did you read the rest of the tread?

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