Employer withholding P45 or P60

Understanding the two documents It helps to separate the two forms because the rules differ. A P60 is a summary of your pay and the tax deducted in a tax year. Your employer must give a P60 to every employee still working for them on 5 April, and it must be provided by 31 May … Read more

Cash in hand wages and tax

Short answer No. Paying you cash in hand is only lawful if your employer still records the payment, operates PAYE, and reports your wages to HMRC. Cash payment is simply a method of payment. What matters is whether the wages are properly reported and the correct Income Tax and National Insurance contributions (NICs) are paid … Read more

Underpayment of wages

Getting the facts straight first Before treating this as a legal wrong, work out exactly what has gone wrong and why. The two problems you describe are different in law: Being paid for the wrong number of hours usually means you have not received wages you were entitled to. If you worked the hours and … Read more

Right to itemised payslip

Your right to a payslip Yes. Under section 8 of the Employment Rights Act 1996, if you are a worker you have the right to be given a written itemised pay statement (a payslip) at or before the time your wages or salary are paid. This right applies to employees and to the wider category … Read more

PAYE tax across multiple jobs

How PAYE works when you have more than one job The key point is that Income Tax under PAYE looks at your total taxable income across all your jobs in a tax year, which runs from 6 April to 5 April. There is no special rule that exempts students from paying tax. Students pay tax … Read more

Flexible working request for students

Short answer Yes. If you are legally an employee, you now have a statutory right to make a flexible working request from your very first day of employment, and adjusting your hours or working pattern to fit around a university timetable is a legitimate use of that right. Since 6 April 2024 the old requirement … Read more

Employer requiring extra shifts

Short answer Whether your employer can require you to work extra shifts or hours depends mainly on what your contract says, together with some overriding legal limits. The starting point is that you are obliged to work the hours set out in your contract, and no more. Your employer cannot simply impose additional hours or … Read more

Unilateral changes to employment contract

The general rule Your pay, contracted hours, main duties and workplace are normally express or implied terms of your employment contract. As a matter of contract law in England and Wales, one party cannot lawfully change agreed terms without the other party’s consent. So the starting point is that your employer cannot simply impose a … Read more

Job terms differing from offer

Understanding the legal starting point The first thing to work out is what was actually agreed, because a job advert and a formal offer are treated very differently in law. A job advert is generally not a binding offer. It is usually treated as an “invitation to treat” (an invitation to apply), not a promise … Read more

Fixed-term worker less favourable treatment

Short answer In principle, no. A fixed-term or seasonal worker generally has the right not to be treated less favourably than comparable permanent staff, but this depends on their exact employment status, whether there is a genuine comparable permanent employee, and whether the employer can objectively justify the difference. The fact that someone is a … Read more

Part-time worker pay and benefits rights

Short answer Not simply because the worker is part-time. A part-time worker generally has the right not to be treated less favourably than a comparable full-time worker doing broadly similar work, whether on hourly pay rates or access to benefits, unless the employer can justify the difference on objective grounds. Being a student does not … Read more

Auto-enrolment pension for part-time worker

Short answer Yes. A part-time student who is a worker can be automatically enrolled in a workplace pension in the same way as any other worker, provided they meet the age and earnings conditions. Being a student, or working part-time, does not exclude you. And yes, if you were automatically enrolled you have a statutory … Read more

Recovery of training costs from wages

Short answer Yes, but only if there is a valid written agreement in place before the training started, and even then only up to a limit set by the law and the terms of that agreement. Without a proper written clause or agreement, deducting training costs from your final wages will normally be an unlawful … Read more

Withholding final wages for unworked notice

Short answer Your employer must still pay you for the work you have actually done, plus any accrued but untaken holiday, even if you leave without working your full notice. What they cannot generally do is simply refuse to pay wages you have already earned as a penalty for leaving early. However, there is an … Read more

Final pay entitlements on leaving job

What your final pay should include When you leave a job, whether it is a full-time career post or a part-time student job, your final pay should generally include all of the following that apply to you: 1. Wages up to your last working day, including any hours you have worked but not yet been … Read more

Employer refusing statutory holiday requests

Short answer Your employer can refuse individual holiday requests, and can even require you to take leave at particular times or cancel leave already booked, provided the correct notice is given. What your employer cannot lawfully do is prevent you from taking your statutory minimum holiday altogether during the leave year. The two things are … Read more

Employer reducing hours without dismissal

The answer depends heavily on your employment status, what your contract says about hours, and whether the reduction is temporary or effectively permanent. Below is how the law in England and Wales treats this and the practical steps open to you. First work out your employment status and contract type The starting point is whether … Read more