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Hi

 

I was asked to leave my employment in July after one month. To date I have still not received a payslip or P45 from them, despite repeated requests.

 

I have contacted HMRC and as they never submitted the P46 I completed they are unable to assist me any further. ACAS are unable to assist as it isn't a tax matter.

 

Any further advice?

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Hi

 

I was asked to leave my employment in July after one month. To date I have still not received a payslip or P45 from them, despite repeated requests.

 

I have contacted HMRC and as they never submitted the P46 I completed they are unable to assist me any further. ACAS are unable to assist as it isn't a tax matter.

Any further advice?

 

Has your employer given hmrc any pay info? If not don't worry as you will be slightly better of tax wise

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I am a student, so due a repayment as I earn under my PA. I am assuming wage was BR taxed. HMRC have nothing.

 

If you earn under your personal allowance, and are a student, why were they using a P46? They should have used a P38(S)

 

http://www.hmrc.gov.uk/forms/p38s.pdf

 

Since they have not even provided any payslip : were you paid in cash?

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I gave them a completed P38(S) and they asked me to complete P46, so in effect they have both. I have had no payslip or P45. They are ignoring all requests. Last I spoke to them I was told it was at their head office and that was over 2 months ago.

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Unfortunately you may have missed the time limit for resolving this through the tribunal.

 

it is possible to submit a claim to the employment tribunal claiming that your employer has failed to provide an itemised pay statement and that he has made unnotified deductions from pay.

 

To make a claim you would state that you have not received any itemised pay statement or P45, provide information about what were paid and set out the steps your have taken to try to get payslips and P45 from the employer and via HMRC

 

The tribunal has the power to determine what particulars should have been given in your payslip and also to make the employer pay you for any unnotified deductions in the 13 weeks prior to submission of the claim (so if he has or possibly should have deducted £20 for NI and £30 for tax in the 13 weeks leading up to the date you submit the claim, the employer may be made to pay this to you). And you have a tribunal declaration which clears up the messy situation of your pay and deductions which you could provide to HMRC and the Contributions Agency.

 

The rights are set out in sections 8 11 and 12 Employment Rights Act 1996

 

Unfortunately the time limit for making the claim is 3 months from date of termination it can be extended only if it was "not reasonably practicable" to submit the claim on time. If you want to chance your arm go online to the Employment tribunal website and put the claim in today!

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