Previous employer has not paid NI

[majik]

Hi

I recently had a letter from the National Insurance people stating that my NI was not fully paid for tax year xx,I have spoken to them and it seems that my previous employer has not paid this,They have requested a copy of my P60 however as my previous employer was late in sending this to me i have an imcomplete p60,I left in February but didn't receive P45 until May so my P60 for that year is only what i earned in the new job etc.

I have phoned my previous employer who told me that the ex financial director would have paid it and hung up. Does an employer need to keep old copies of wage slips,It is almost 3 years ago that i left and the NI are requested a copy of my p60 (which i have enclosed along with a copy of my p45 etc) and a copy of my last wage slip. How do i go about getting the wage slip ?
Is there any formal letters i could send to my previous employer to make them either send me proof it was paid or a copy of my last wage slip from them ?

[BeauBrummie]

Hi Majik,

You should be able to lean on your ex employer quite heavily. They should have the records of your NI and have to keep them by law for 6 years.

The employer does not have to keep copies of your payslips but should have all of the figures for each pay period that you need to account for.

I would suggest a strongly worded letter from yourself to start with, as there is no template letter as such.

The letter explaining that your contributions were short should have given you a considerable length of time to make up these contributions, so unless you need to call on this tax year for any type of benefit, you do have that on your side.

BB

[majik]

Yes i have until 2011 but i do not want to forget, so would i be correct in asking for my my previous employer for my NI contributions for year xx year xx, and year xx, would that surfice. I have filled in all the paperwork the NIC officer asked me too and sent it back today, im guessing they will contact the employer on my behalf but if i have heard nothing for a month or so i will chase up myself.
Many thanks for your speedy reply.

[BeauBrummie]

Originally Posted by majik

Yes i have until 2011 but i do not want to forget, so would i be correct in asking for my my previous employer for my NI contributions for year xx year xx, and year xx, would that surfice. I have filled in all the paperwork the NIC officer asked me too and sent it back today, im guessing they will contact the employer on my behalf but if i have heard nothing for a month or so i will chase up myself.
Many thanks for your speedy reply.

I would be very inclined to make sure that this comes to a satisfactory conclusion yourself, I doubt if your ex employer will be to enammered about this.

Your ex employer will have had to reconcile its wage payments including your NI liability at the end of the relevant tax year to HMRC, so again I would stress they should have the figures.

Just hoping as the former FD has left, that it is still the same company in other words they did not become insolvent and then restart up again did they ??.

BB

[majik]

They are a film studios and i can confirm that the same person owns it and they are listed at companies house etc so company is still going etc.

I will write up a letter tonight and get it sent over weekend etc,Would i write it to the Owner or just to the company ?
I know the owners PA lives 30 seconds from the studios and gets anything addressed to the studio etc but not his personal mail.

[BeauBrummie]

Originally Posted by majik

I will write up a letter tonight and get it sent over weekend etc,Would i write it to the Owner or just to the company ?

Yes, I would write to the owner of the company, unless you know someone in a senior position that would be able to deal with the matter for you.

BB

[majik]

Well the company went from employing 15 staff down to 5 from what i can make out, 3 Security,1 Receptionist and the Owner so i think i will write direct to him, I was also imformed from a current employee that they no longer receieve Pay Slips, Is that Legal ? Just so i could advise him a little

[BeauBrummie]

Originally Posted by majik

I was also imformed from a current employee that they no longer receieve Pay Slips, Is that Legal ? Just so i could advise him a little

Sounds like a great company!!!!

If they do not produce a payslip for a period of pay, how would the employee know if they have been paid correctly ?? no this practice is against employment legislation, and the employee needs to demand that a payslip is produced for every period of pay that he is employed.

This type of practice is why some of the new legislation was brought in earlier this year to try to stop unscrupilous employers from employing workers without ID etc.

BB

[majik]

I agree completely but its a very well know UK film studio, I will inform him tomorrow and get my letter written up too, I take it i can request this infomation and they can not use some Data Protection rules and regs to stop me getting the info ?

[BeauBrummie]

Originally Posted by majik

I will inform him tomorrow

I think your friend may need to raise the issue through a greivance procedure if there is one


[/quote] I take it i can request this infomation and they can not use some Data Protection rules and regs to stop me getting the info ?[/quote]

There are no rules that I know of that should preclude you from gaining this info.

BB

[majik]

i had a greivance with them which is why i left, i was accused of trashing something,beacuse my dad worked for the women who owned the stuff and thats it.
No proof and also didnt listen to me when i claimed that it could have been the person they sacked and forgot to take the keys from.

All this happened over an xmas when the studios was locked up and closed etc so no one there at all.

i spoke to my union about it who said you can try and fight it but it was pointless really so i moved onto bigger and better things lol.

[majik]

Hi i sent the letter and have had no response at all.

I was thinking of sending a S.A.R. and editing info from bank statements to PAYE tax and NI contributions etc, Would that work and cover everything ??