My old employer will not give me my payslips and am pregnant

[ellaza]

After working for a business for several years a friend of mine told me that i was required to be given payslips by my boss, this i was always unsure of so i questioned my boss as to why i never had payslips to which she stated that she didnt have too, i felt quite intimidated by my boss and even though I knew she was lying, I didn't want to question her back as she would make my life a living hell.

 

After working under her for several years, i left a couple of months ago as the relationship with my boss could not go on any longer due to certain reasons.

 

On leaving i decided to go self employed and around about the same time i found out i was pregnant. As a result i requested my payslips and P45 from my ex boss through a 3rd person as i couldnt get in touch with my boss.

 

Several weeks later i was informed through this 3rd person that my payslips and P45 had been sent through to an ex boyfirends address, an address i hadn't lived at for nearly 3 years and my boss knew this as she used to pick me up from my home address.

 

I am now in a situation and i dont know what to do as i require my payslips as part of my maternity pay.

 

Any advice would be great.

[elpulpo]

You need to write directly to your boss, requesting your payslips and your P45. State in the letter your correct address and tell your boss that she is breaking the law if she doesn't provide them. I understand that you may be intimidated by your former boss, but what's the worst she can do if you no longer work for her?

[papasmurf1cx]

Was this a cash in hand job? Normally a lack of paperwork such as payslips indicate that employer is not paying NI contributions / pension / collecting the correct tax etc from the employee. Did you get a P60 at the end of each tax year? What kind of work was it?

[ellaza]

Sorry for the late reply in answer to the replies so far,

 

1, I will write a letter to her, what will happen if she says she has already sent them to the old address and that she doesnt have any others, were do i stand there?

 

2, It was a cash in hand job in the beauty trade and along with my payslips i have never had a P60 in all the time i worked there, although she did say i was ppaying tax and NI but i could never improve it.

[honeybee13]

Hello Eliaza. I think you need to wait and see what turns up in the way of P45s, payslips, etc. I just hope if you were earning over the threshold for income tax and NI that she paid it across, but that may not be your problem. Did you have a contract of employment or similar? I'm wondering if you were an employee of this person.

 

My best, HB

[papasmurf1cx]

If it was a cash in hand job, you need to be bullet proof before you act and there is plenty you can do as she is the one that the tax people will hammer. So just to be sure, were you claiming any benefits at the same time as working? There is no use going in all guns blazing if you get a bullet on the rebound, you need to protect yourself, so what is the situation?

[elpulpo]

Sorry for the late reply in answer to the replies so far,

 

1, I will write a letter to her, what will happen if she says she has already sent them to the old address and that she doesnt have any others, were do i stand there?

 

2, It was a cash in hand job in the beauty trade and along with my payslips i have never had a P60 in all the time i worked there, although she did say i was ppaying tax and NI but i could never improve it.

It's her problem that she sent them to what was obviously your present address. She'll have to provide you with another set of copies, which shouldn't be an issue.

I suspect that she wasn't paying tax and NI for you, in which case it might be worth getting in touch with HMRC.

[honeybee13]

Hi Pulpo. I wouldn't suggest contacting HMRC until we're sure Eliaza won't get into trouble, fwiw. We need some more answers if she can tell us.

 

HB x

[papasmurf1cx]

Exactly HB..... which is why I asked Eliza to be forthcoming we want to help her not drop her in it!!! But HMRC is definitely on my agenda assuming she is in the clear. Do you remember another thread where a guy was in a similar situation and he went to an accountant and the HMRC were Ok with him but not with the employer?? Or am I recalling something else?

[elpulpo]

Oh aye, if she's been comitting benefit fraud (I don't suggest you were!), then she's knackered. But if she was working legitimately, aware to the best of her knowledge that tax and NI deuctions were (supposedly) being made, then she should have nothing to worry about.

Hi HB, BTW:-)

[Sidewinder]

There is a legal right to an itemised payslip and P60, P45 etc. The employer can, and should issue you with duplicates as these records have to be kept available. The employer cannot issue a duplicate P45 and you would need to enquire with HMRC as to what you should complete in it's absence.

 

You need to write to the employer by Recored Delivery and make a formal request for these documents. If they are not forthcoming then you must let HMRC know otherwise you could find yourself without maternity pay. You are not likely to get into trouble as PAYE and National Insurance are the employer's responsibility and you were assured that these were being paid on your behalf.

[ellaza]

Hi, i haven't had the baby yet so havent started claiming anything, as far as I was aware i have always been paying tax and NI, i did have 1 conversation with my boss once and she stated she kept all my pay slips.

[honeybee13]

She sounds awful [your ex-boss, I mean]. Do you plan to send a recorded delivery letter?

 

HB x

Edited December 30, 2010 by honeybee13
Punctuation.

[Leakie]

Hi all

My wife is in a similar position,

but has only been working for 3 months,

Told her boss she was pregnant and was told that she no longer,

work at the resturant after that night,

I am subbing with interest.

 

Good luck

 

Leakie

[honeybee13]

Hi Leakie, nice to see you. Your wife's position may not be exactly the same as Eliaza. You could start your own thread to have specific advice, otherwise people [like myself ] could get confused.

 

My best, HB

[ellaza]

My plan is to deliver the letter to her by hand with a witness.

[papasmurf1cx]

recorded would be better as it is documentary proof you sent the request. A witness could change their mind and leave you high and dry. Listen to sidewinder. What about the benefits query?

[Leakie]

Sorry Hb & Ellaza

Not ment as a Hijack of thread

Will start new thread as soon as, but was wanting to learn from this thread ,

That was why I was subbing with interest

 

All the Best

 

Leakie

[elpulpo]

Hi all

My wife is in a similar position,

but has only been working for 3 months,

Told her boss she was pregnant and was told that she no longer,

work at the resturant after that night,

I am subbing with interest.

 

Good luck

 

Leakie

I'd start a new post with the full details of that one, Leakie. We should be able to help you out.

[honeybee13]

'Hi HB, BTW:-)'

 

Hello Elpulpo, my favourite cephalopod. Where've you been?

 

My best, HB

[ellaza]

Sorry Hb & Ellaza

Not ment as a Hijack of thread

Will start new thread as soon as, but was wanting to learn from this thread ,

That was why I was subbing with interest

 

All the Best

 

Leakie

 

 

No worrys.

[meekmeek]

just wondering could the whole requesting a payslip be a mis understanding

 

is the old job just a small business or part of a corperation

 

what i mean to say is could it be that your ex boss is just a 'middleman'

 

or a glorified superviser for a multi store-chain company

 

if so the boss may not be able to give you pay slips but the admin department or HR department can

 

if the business is self run by the boss and she is the one that does all the PAYE accounts and income tax stuff then the other posters are right she is breaching your employee rights

 

if however there is a admin department - HR department then go around your boss and contact them direct