Questions From our Forum 17/03/11

Friday, March 18th, 2011

Each week we receive a number of payroll questions on our forum, and here are this week’s batch. Can you help with any answers?

Holiday underpayment

The question I was asked and am asking you is “am I liable to pay them the extra that they were entitled to from 1st April 2009?”

More…

Further questions from our forum:

  1. I am going on maternity leave soon but my employer requires me to pay for the additional holiday entitlement I chose under the flex scheme.  Can they do that?  The maternity policy also says that I will be paid up any holiday I can’t take in the holiday year.  Can they do that?
  2. Is a payment under a compromise agreement taxable if the employee is not leaving?
  3. I need help in understanding how tax relief works in the case of our various pension schemes.  Have I got the details right? (information provided)
  4. My company is closing and I am unlikely to be paid for my final month’s work.  I am being threatened with legal action if I leave early, even though my employer is in breach of contract in not paying me.  What options do I have?
  5. An employee entitled to a company car only wants to use it on occasional days.  How should we report this on P11D?
  6. We have recently sold a company minibus to an employee.  Is there any tax liability?  The “paypershop” guidance seems to conflict with HMRC’s.
  7. What is involved in the payroll operation of a childcare voucher scheme?
  8. In the US we deduct “overtaken” holiday from regular pay.  Can we do that in the UK?
  9. When work is performed partly in the 2010/11 tax year and partly in the 2011/12 tax year, how are the correct tax rates applied?
  10. I worked unpaid in a job when I left school alongside others who were being paid.  I worked long hours and in appalling conditions.  Can I now make a claim for payment? (more information provided)
  11. An employee on maternity leave is entitled to a car allowance of £250 and has now joined the childcare voucher salary sacrifice scheme to receive £250 of vouchers each month.  Can the vouchers be offset against the car allowance?
  12. A bonus is to be paid to a former employee who has transferred under TUPE to another employer.  The payment is being made in the next tax year.  How are the NICs calculated?
  13. If a pension is overpaid, what is the position if it is not recovered, and how and when should the tax position be corrected?
  14. Our annual pay review gave a 2.5% rise other than for those who had a pay rise in the previous six months.  We had a pay rise in that period to bring our pay in line with our colleagues.  Are we entitled to the annual increase?
  15. If a woman is sick when she is due to return from maternity leave and we have agreed for her to work part-time on her return, should her sick pay be paid at her part-time salary?
  16. What do employers do with P45s in a TUPE situation?  Should Parts 1A, 2 and 3 be given to the employees?
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