I need help. My previous employer is confusing me and wont pay all my wages. I work at this retail job for one month, November 2017,and left after i was told i would be paid two weeks into december.

In total my hours amounted to 89. My payslip had 35.35 hours paid at 7.5=265.13. then they threw in backpay (which i don't understand since i wasn't working with them by their last payday) they quoted backpay as 30 pounds amounting to 295.13 pounds. I was taxed with a code OT/1 and tax deducted was 59 pounds hence i received 236.13 pounds.

I queried them and they deposited 230 pounds in my account. I did not receive a payslip for this however and they claim to have paid the full 89 hours and that any balance was tax removed.

I am confused because 30 pounds back pay is 4 hrs so 35.35+4=39.35hrs. Out of 89hrs per month the remaining hours are 49.65hrs. How does my pay for this remaining time equate to the 230 pounds deposited in my account after tax. Because they claim the difference was taxed.

Someone help me what amount of income tax should I pay as an international student for 89hrs a month at the national minimum wage?

  • 2
    Your problem doesn’t sound like it’s actually about tax, it’s that you worked for 89 hours and have only been paid for 39.35 hours. You need to sort that out with your employer before worrying about tax deductions. – Mike Scott Jan 15 '18 at 6:46
  • 2
    Can you also add the actual dates you worked, the date you left, the date you got the payslip and – if known – the date people normally get paid. It's possible – depending on those dates – that the (first) payslip only covered part of your time, and the remaining time would normally (if you hadn't left) have been paid in January. – TripeHound Jan 15 '18 at 8:10
  • 1
    National minimum wage is 7.50 if you're 25 or over - can you confirm that was your wage? – Ganesh Sittampalam Jan 15 '18 at 19:17
  • Was the tax code 0T-W1 or 0T-M1? – Ganesh Sittampalam Jan 15 '18 at 19:21
  • I mentioned tax because my employers claim that whatever isn't included from the 236+230 pound deposited in my account was tax deductions. The tax code was simply OT/1. started work October 30th and left November 29th – Charity Jan 16 '18 at 1:15

If you were a proper employee, you are entitled to pay slips and a P45.

However, depending on how you were employed, it's possible you were a "worker", which would mean you have fewer rights. It's more likely to be the case if you didn't have any guaranteed hours (e.g. were on a "zero hours" contract). If that's the case, you apparently don't have the right to payslips, but of course you're still entitled to be paid the minimum wage.

If you were an employee, or think you might have been, you should insist on receiving the proper documentation from your employer. You can contact ACAS for help if they employer isn't helpful. You could also contact HMRC to find out how much tax your employer has paid for you; nowadays almost all employers have to report it month by month under "RTI".

As to the tax deducted, apparently they had you on an emergency tax code ("0T"), perhaps because you had another job or because they didn't collect enough information to know that you didn't. So you'd expect to get basic rate tax at 20% deducted from all payments, which is consistent with your report of the pay slip you do have.

For the remainder, the gross should have been about £375, of which £75 would have been taken as a tax. Depending on the pay periods, you might also have owed National Insurance at 12%, i.e. another £45 at most. That still would add up to about £255 net, so something is clearly wrong.

Once your pay is sorted out, or even before, you can probably also ask HMRC for a refund of any overpaid tax if you're not working now. If you are working now, you should get your tax code sorted out and then your current employer will reduce the tax they take from you so you end up getting a refund of the previously overpaid tax.

  • thank you for your break down, I am wondering when is an employer allowed to use an emergency tax code? I worked at this store for November and left when the end of month came and they said that we would be paid mid December.So i was there for just a month and provided all the information they needed to get my tax code correct.besides they had till 15th December to ascertain any kind of information but they didnt. Secondly I cannot get through to Payroll who claim to have paid all my time worked. Also i was on a 4 hour contract. they claim to have emailed me my second payslip. – Charity Jan 16 '18 at 1:01
  • 1
    Your tax code will normally have come from the P45 your previous employer (if any) gave you when you left. If you hadn't got one (or didn't produce it when you started) they would put you on the emergency code (basically with the "safe" assumption that you should be taxed at 20%). Under "normal" circumstances things should have got sorted out within a couple of months; however, only being there for a month is probably too little time for them to have done anything about it (even if they're on the ball and you've managed to provide the information needed). – TripeHound Jan 16 '18 at 8:15
  • @Charity they are supposed to go through a starter checklist, but from the rest of your description they don't sound very well organised so they may not have done it properly. I think in practice there's little to force a business to do this diligently. If you can't get in touch with them to sort this out I'd suggest either contacting HMRC to find out what they've been told, or trying to make contact via ACAS. – Ganesh Sittampalam Jan 16 '18 at 12:32

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.