P45/P60 & Tax Credits nightmare!

[hackers0ns]

Hi.

In June 2006 i informed my employer of 2 years that I was pregnant and would be starting my Maternity Leave in December 2006. I did not receive my wages for Agust, September, October or November, and I did not receive my Statutory Maternity Pay for December.

In the middle of January I was suddenly issued a P45 stating that my leaving date was November 13th! This is a total lie - my boss falsified the P45 so he could get away without paying me my owed wages or paying my NI and PAYE.

I was not paid my Statutory Maternity Pay for January 2007 either. So I got a solicitor involved. My boss agreed to take the P45 back and reinstate me and pay my Statutory Maternity Pay and unpaid wages.

I was reinstated and carried on claiming Working Tax Credits - as I was still classed as working and am allowed to claim WTC while on Maternity Leave. I was not ever paid the wages or the Statutory Maternity Pay.

My Maternity Leave finished in June 2007 and I tried to inform the Tax Credits people about the change in circumstances. They asked for my P60.

I have not been given a P60 - even though the boss was told by the Tribinal I won that he had to provide one.

The Tax Credits people are refusing to let me claim CTC or my partner claim WTC as I cannot provide a P60. I have explained to them a thousand times but they just keep insisting I need one.

I have contacted my local tax office about it, but they say that I was made redundant on 13 November 2006 - as they have a P45 for me, but I can't get a P60 as I was not working afetr November!!

I just don't know what to do - not only have I lost all my wages and Statutory Maternity Pay, I now can't get Tax Credits either because of my ex-boss.

He has falsified documents that he submitted to the tax office and this has had a detrimental effect on me. Nobody seems to listen to what I'm saying.

How can I sort this problem out? I need the tax office to disregard the P45 and issue me with a P60. HELP!!

I went to an Employment Tribunal and won, but of course he's made no effort to pay me the money awarded. But I do have all the documentation.

[Ell-enn]

Hi there, apologies for the delay in answering your question.

I would advise you to go back to the solicitor you used and get him to write a letter before action to your employer, giving him 7 days to pay you the awarded compensation or you will instigate county court proceedings to recover the money owed plus solicitors costs.

Also the DWP & HM Revenue & Customs need to be informed regarding your P45 and P60 situation. A letter from you (or preferably your solicitor) to them should start their investigation into his falsifying your documents.

Hope this is helpful.

Kind Regards

Ell-enn

[hanzo]

Originally Posted by Ell-enn

I would advise you to go back to the solicitor you used and get him to write a letter before action to your employer, giving him 7 days to pay you the awarded compensation or you will instigate county court proceedings to recover the money owed plus solicitors costs.

I work in Scotland, so I'm not entirely sure whether this is true in England, but in Scotland an extract of a judgement of the ET carries the same legal weight as an extract decree from the Sheriff court.

When I've been in this situation before, I've simply handed over the extract judgement to Sheriffs' Officers (in England they're called Bailiffs) and instructed them to arrest the debtor's bank account and attach his property. If judgement has been made against somebody, and they have not paid, it is very unlikely they will pay voluntarily. 7 days' notice is pretty pointless.

Your solicitor will advise you how best to perform the diligence.

[mariejader]

I have contacted my local tax office about it, but they say that I was made redundant on 13 November 2006 - as they have a P45 for me, but I can't get a P60 as I was not working afetr November!!

Even if you were made redundant in november 2006 you should still have received a P60 from April - November 2006 as you would have been on the company's payroll, and your P60 would have been produced at year end in April 2007, I am sure that a company had until the 19th May 2007 to hand out all P60's, if you were employeed on the payroll the P60 would have been produced automatically by the payroll system (asuming they have a computerised payroll system)

Do you know the firm of accountant's that your company used? I am not sure if they would be able to provide you with a copy?