entitled to holiday if let go of job?

jillyb

Hi there

Been working part time for a company for 13 months and the business is on the rocks. I wasn't officially let go, I am to call the employer in couple weeks to see if they are still at the premises ( if he can cut a deal with landlord) or he may have to move it so he works from home.

Its a small business only the employer myself and one other employee who's full time hours have been cut to part time.
I think i won't be returning to work there unless the business picks up after xmas. I have other part time employment, but my p45 is with empolyer i was let go from.

Am i entitled to ask for holiday owed? i haven't taken any since feb and I last worked there mid Oct.
I dont know if its worth asking for hol pay if they are in financially difficulty? but he still has enough money to pay the other employee so i'm not sure where i stand

thanks

Victor

You do seem to be owed holiday pay. This should have been included in your P45.

thebouldwhacker

Holidays are calculated at 8% of time worked to a stat max/min of 20 days per year depending if ye agreed on more.

mood

You should be getting your P45 from him until he can give you more work. You would be entitled to tax back and to claim social welfare for the days you are not working. And he will owe you holiday pay.

thebouldwhacker

While this is true if he asks for the P45 thats job gone.
Better I think to ask for an RP9 and be laid off, with this he can claim social welfare and keep the job on ice. Request a P21 balancing statement from revenue to see if there was a tax over payment, claim tax back if there was. This all depends on the part time work arrangement of course. You dont need the P45 from your full time job to give to your part time employer, you are allowed to have more than one job, it just means you will have 2 p60's and p45's.

Re your hols owed, you are entitled to them, even if you lose the job. If your employer refuses to pay you can use THIS FORM. If the company goes into liquidation you can claim the money from the Social Insurance Fund.

mood

thebouldwhacker wrote: »

While this is true if he asks for the P45 thats job gone.
Better I think to ask for an RP9 and be laid off, with this he can claim social welfare and keep the job on ice. Request a P21 balancing statement from revenue to see if there was a tax over payment, claim tax back if there was. This all depends on the part time work arrangement of course. You dont need the P45 from your full time job to give to your part time employer, you are allowed to have more than one job, it just means you will have 2 p60's and p45's.

Re your hols owed, you are entitled to them, even if you lose the job. If your employer refuses to pay you can use THIS FORM. If the company goes into liquidation you can claim the money from the Social Insurance Fund.

Surely if he gets his P45 the employer could still call him in the future if he has work. There is nothing stopping him from doing this. It's not like giving OP the P45 will get the employer into trouble. Call citizens information.

thebouldwhacker

If the op breaks service, continuity of employment is broken, any future accumulation of benefits would be lost and calculated from week one if employment was resumed. To ask for a P45 only on the basis that the op may be at some stage after christmas made redundant frankly makes no sense.

They have no need for a p45 until the employer terminates the contract. The op mentioned nowhere that they wanted to leave why are the posts here encouraged the op to do so? I must be missing an angle cos I do not see any positive reason to do so.
As outlined in my earlier post there is no need to quit, your holiday entitlements stand as does your ability to apply for social welfare and tax back if you so wish.

mood

thebouldwhacker wrote: »

If the op breaks service, continuity of employment is broken, any future accumulation of benefits would be lost and calculated from week one if employment was resumed. To ask for a P45 only on the basis that the op may be at some stage after christmas made redundant frankly makes no sense.

They have no need for a p45 until the employer terminates the contract. The op mentioned nowhere that they wanted to leave why are the posts here encouraged the op to do so? I must be missing an angle cos I do not see any positive reason to do so.
As outlined in my earlier post there is no need to quit, your holiday entitlements stand as does your ability to apply for social welfare and tax back if you so wish.

Do you not need your P45 to claim social welfare?

PCPhoto

just want to point out to everyone so far that the OP is most likely female and not male like some of the posts suggest .... I'm guessing JillyB is female.

mood

PCPhoto wrote: »

just want to point out to everyone so far that the OP is most likely female and not male like some of the posts suggest .... I'm guessing JillyB is female.

Why would that matter??? His/He holiday entitlement are the same regardless.

thebouldwhacker

mood wrote: »

Do you not need your P45 to claim social welfare?

Hi Mood,

Not necessarily, social welfare can be claimed while on lay off too the rp9 above should satisfy the sw deciding officer. P45 is only needed when unemployed.


@pcphoto, 'he' was more of a generic term, sorry if I offended you....