Old Employee Not Giving Me P45

[leeward30]

Hi, All

 

I have not received my P45 from my employee from over a year ago. I asked again yesterday and they said go through a solicitor and they do not want to talk to me.

 

It states on the HMRC website that your employee must give you your P45 by law. I do not think it is fair to go through a solicitor and pay out money to get it.

 

Is there another option for me to get my P45 because the amount I earned is different from what they submitted to HMRC.

 

They said they paid me a wage that works out almost double my original wage and two payments in month.

 

No money went into my bank account.

 

This situation has made HMRC stop all our tax credits and they have instructed us to get our P45 from our employer, but they will not give it to me.

 

Any help will be appreciated.

 

Thanks in advance

[rebel11]

Hi leeward30

 

You should only communicate with them in writing. Don't speak to them over the phone. Send a letters, Recorded Delivery.

 

You don't need a solicitor, you can take them to the Small Claims Court. Start getting all the evidence together if you are sure of about your claim. The court can order them to provide you with documents once you lodge a claim.

 

You missed an opportunity to go to an Employment Tribunal.

 

There's a letter in post 10, just remove the line regarding 'The Employment Tribunal'.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?286291-Sample-letter-to-employer-demanding-wages-Help-please!

 

Some of the guys here have legal knowledge.

[honeybee13]

Hello there.

 

Have you looked into completing a form P46? Here's a link with some more information. If you're employed, then you could ask your payroll people for information.

 

http://www2.le.ac.uk/offices/finance/atoz/p46-employee-without-a-form-p45

 

HB

[blondebubbles]

Do you mean your employer rather than employee?

 

Did you not receive any payslips?

 

If not paid by BACS, how were you paid? Cash? Cheque?

 

What year are you referring to?

[honeybee13]

Hello BB and thank you for looking in. Leeward, I shall leave you in BB's capable hands, they know their stuff.

 

HB

[leeward30]

Do you mean your employer rather than employee?

 

Did you not receive any payslips?

 

If not paid by BACS, how were you paid? Cash? Cheque?

 

What year are you referring to?

 

Sorry I mean employer.

 

I had two final wage slips a year ago for the same date and never received the money into my bank account. I am always paid by BACS payments.

 

I was not allowed to have contact with the company because of a court case going on. They said in writing they withheld my final salary, which a solicitor & barrister had seen.

 

Now the court case is over after a year I have tried to get my P45 because they submitted the wrong figures to tax credits and I have paid tax and NI on money I have not received.

 

ACAS said I will not get the money because it has been too long, but I need my P45 to prove to HMRC the company were wrong in figures they submitted.

 

I cannot get my P45 because they have refused to talk to me and said go through a solicitor that I cannot afford.

 

in the meantime HMRC think I earned this extra money when I have not.

 

Thanks in advance for any help1

[Ethel Street]

There's clearly a backstory here we don't know the details of. One thought crosses my mind though, does ther reason your salary was withheld have an important impact on this? I don't know the answer, just asking the question.

 

An example. Suppose my gross pay is £12,000 a year, £1,000 a month. I leave and in my final month my employer says 'yes I owe you £1,000 gross but also you owe me money for "something" so I'm offsetting that against what I owe you so the net payment I'm making to you for your final month is Nil' (the "something" could be all sorts of things - for example my employer gave me a season ticket loan and recovers full outstanding amount from my final salary). What does HMRC consider is my anual earnings for the last 12 months for CTC purposes etc, £12,000 or £11,000? My guess is that they'd say £12,000. ie, as far as HMRC are concerned the fact your employer withheld all of your final salary is a separate issue, the amount witheld is part of your outgoings as far as HMRC is concerned. HMRC will treat your gross salary for the final month as part of your earnings for HMRC purposes even if in fact not a penny of it reached your bank account.

 

I'm not saying that is what's happening here, just a hypothesis that maybe an expert can comment?

[leeward30]

There's clearly a backstory here we don't know the details of. One thought crosses my mind though, does ther reason your salary was withheld have an important impact on this? I don't know the answer, just asking the question.

 

An example. Suppose my gross pay is £12,000 a year, £1,000 a month. I leave and in my final month my employer says 'yes I owe you £1,000 gross but also you owe me money for "something" so I'm offsetting that against what I owe you so the net payment I'm making to you for your final month is Nil' (the "something" could be all sorts of things - for example my employer gave me a season ticket loan and recovers full outstanding amount from my final salary). What does HMRC consider is my anual earnings for the last 12 months for CTC purposes etc, £12,000 or £11,000? My guess is that they'd say £12,000. ie, as far as HMRC are concerned the fact your employer withheld all of your final salary is a separate issue, the amount witheld is part of your outgoings as far as HMRC is concerned. HMRC will treat your gross salary for the final month as part of your earnings for HMRC purposes even if in fact not a penny of it reached your bank account.

 

I'm not saying that is what's happening here, just a hypothesis that maybe an expert can comment?

 

 

I could not challenge them for holding my wages because the on-going court case that I got I cleared off after a year.

 

I now understand from what you have said they have submitted the correct amount I earned, so the P45 will not mater to HMRC.

 

What can I do about them keeping my wages after being proved I owe them nothing and I paid tax & NI on my earnings.

[Ethel Street]

 

I now understand from what you have said they have submitted the correct amount I earned, so the P45 will not mater to HMRC.

 

Just to be clear leeward30, I'm not saying that is definitely the case. I don't know enough about it. I'm just raising the possibility, hoping someone much more expert than I am can comment.

 

 

What can I do about them keeping my wages after being proved I owe them nothing and I paid tax & NI on my earnings.

 

Did you have a solicitor representing you in the original court case? Can they advise?