##Employment : Underpayment by ex employer

[mjabber]

My partner was dismissed and the matter is currently going to tribunal. THe company underpaid her in her final wages and from the end of December to the beginning of April denied there was any underpayment. In their tribunal response they admitted the underpayment and said it was in the process of being resolved - although not paid as yet.

 

A P45 was issued in the last tax year on the termination of her employment. When the underpayment is made, what is the payment that will be made? Will this be taxed? If so at what rate? If it is taxed as a payment in the current tax year, how can my partner recover this in a timely fashion, bearing in mind we wouldnt want to wait another twelve months to collect this - if it had been paid when it was in fact due, then we would have been able to reclaim the overpayment from the revenue within the next month or so.

 

Thanks