Sons Ex employer

[The GodMother]

Hi All. 

 

I don't know if this is the right place. If not sorry. Also sorry but some of this might not be relevant but thought it might be due to backround of the problems

 

My Son use to work for McColl's as a Paperboy. They put the shop he worked from up for sale along with a few other stores, July/August 2019. This was part of a cost cutting restructuring measure.

 

just under a year later a husband and wife team brought it, everything went through fine and the official take over was the 3rd August 2020. At this stage he had been working for the company for 3 years. He also turned 17 this day. It was all legal as well he had a work permit and everything. He received a P45 and P60 from the previous employer.

 

At first everything was fine then around the November wages were late, Son was saying about arguments between the husband and wife on shop floor, the wife and Store manager, the husband and store manager, the Husband/Wife/Store manager and staff all on shop floor in front of customers. Staff were even noticing that at times the wife was very scared of the husband and would come in bruised .

 

At times papers would not be delivered that day and the delivery company was blamed but then Morrison, about 5 minutes walk away, had them. Staff started leaving across the board. They have a post office inside and even those staff were leaving. I also later found out by mistake that bills were not paid to suppliers of stock the council not paid for the BID funding and other bills. Ok l phoned some people and asked not my fault they gave me the info also bumped into ex staff members who told us.

 

My Son left in January 2021 and he said he was sick and tired of being treated like rubbish and the arguments at work chasing wages and the other problems. At one stage his boss even confronted his at college about a mistake that was not even his fault but the Husband/Wifes and told him not to do it again, new person wanting a paper but was not put on the list so he did not know. 

His wages did not turn up when they were meant to on 1st February and as result he had to chase every day.

 

I then sent a letter politely demanding his wages are paid into his bank within 24 hours at their expense or l would take matter further. They were paid the Monday 5 weeks after he left.

 

He has not received a pay slip since the new people took over, l also think he was not being paid correctly as he was doing a hour a day and being paid £16 a week at one stage then it did go up but not by much. He had not received a P45 or a P60.

 

Am l right in saying he should have received the P45 and P60 or did the previous company make a mistake in sending them. He does not want to make a complaint re the way he was treated by them. 

[Emmzzi]

I think your question might be, should he get a P45 and a P60 from the new employer?

 

Or it might be, should he have been TUPEd over to the new employer.

 

Can you clarify? And also state why this has become a concern?

 

Thanks.

[The GodMother]

During the change over period for about, 6 weeks, there was a series of meetings. About 3 in 4 weeks. Due to his age l attended them with him. We had to sign paper work to say we was happy with his details being passed over to the new company should he be staying Employed by them. I assume they were as he  was still paid. 

 

He now does not work for the new employers as of January 2021. He never received payslips nor has he received a p45 or p60.  

[Emmzzi]

Hi,

 

I am afraid I still do not know what your question is.

 

Em

[The GodMother]

My 6 year old can understand the question so how you cant l dont know. 

 

When he left the new company he never got a P45/P60. Should they have issued them by now. If so how do we go about getting them. 

[Emmzzi]

I'll leave your six year old to reply. Good luck!

[slick132]

A very rude answer to a well respected Site contributor and hardly the way to encourage others to answer.

 

In any event, the most recent employer should have given YS a P45 showing pay and tax (if any) from 6/4/20 up to the date of leaving.

[The GodMother]

My Son was not Employed by that company on the 6/4/20 as they only officially took over on the 3/8/20.

He does have a P45 from the previous company up until the 2/3/20. So am l to assume he should have the P45 covering the 3/8/20 to date he left. Also what about payslips. Money was being paid into the bank so they claim he does nit need them but then again how does he know he was getting the right amount of pay for the hours he done. I am guessing he was not. 

[slick132]

P45 for date of leaving recent employer should show cumulative pay and tax from 6/4/20 to date of leaving. It doesn't matter if YS was employed ON 6/4/20 or not.

 

The P45 from McColls should have been given to the new employer but, as it was a take-over, the new employer may have used the correct figures anyway.

 

Unless YS had tax deducted on his wages, the P45 issue is less important now we're already in a new tax year.

 

The right to payslips and rates of pay would have been something Emmzzi could have helped with, but that's probably a bridge you've already burned.

[unclebulgaria67]

If the employers have not done what should be required, then I would suggest contacting Mccolls head office, if the local store owners have not done what is required.

 

I replied thinking he was under 16, but as a 16/17 year old, then the employers have duty to report to HMRC and provide payslips.

[slick132]

Per para 3 above, son turned 17 in August last year

[unclebulgaria67]

Yes i have amended my post.

 

I suspect the main parent company McColls has some responsibility for the individual stores, during the process of change over periods.   Therefore McColls head office should be able to ensure required actions are taken.

[AndyOrch]

The main parent company is actually Morrison's...who would have thought !

 

https://www.insider.co.uk/company-results-forecasts/mccolls-closes-179-stores-despite-23145634

[unclebulgaria67]

Morrisons.  Did not know this !

 

This is the address for McColls

 

McColl’s House, Ashwells Rd, Brentwood CM15 9ST, United Kingdom  Telephone number  01277 372916

[The GodMother]

Its not owned by McColls/Morrisons any more. They sold a load of stores off of which the store in question is one. It got sold to a husband and wife team. I did say in the original post its no longer own by McColls. 

 

Its hard to say who its owned by as the shop now has no name above it. When they first took over it was Budgen of xxxxxx. I phoned Budgens head office, bookers, when l was trying to get the wages issues sorted over pay but they said they removed them.in December due to lack of payment

[AndyOrch]

Quote

 I did say in the original post its no longer own by McColls. 

 

Yes we are aware...it was just a general comment of interest as some are still owned by Morrisons...yours must now be an independent.

[The GodMother]

Yep very much independent. They now sell a lot of food with foreign names and instructions. The other problem l am finding is English is not first language.  

[unclebulgaria67]

Well your Son could report them to HMRC for the failure to report information, if they never reported the earnings information.   If HMRC were to get involved, it might teach them a lesson that they need to understand their obligations as employers.

[The GodMother]

Hmm thats a idea. May give them a kick up backside. 

The Original Company, McColls, We never had a problem with. Tho he has said he cant find the payslips but he does have bank statements. Especially after then 16th birthday 

[The GodMother]

Any specific department cant seem to find idiot ex employers department phone number. From my Son

[unclebulgaria67]

https://www.gov.uk/government/publications/pay-and-work-rights-complaints

 

 

[The GodMother]

Thanks UB. Its not been a good few days. i will get back on top of this Monday should have a clearer head and more time as kids back at school hopefully.

 

[The GodMother]

Ok so we have complained to HMRC but were still no further forward with getting the P45/P60. We need this as DVLA has said they need more proof of who he is before giving him a provisional license. 

What more can l do. 

[unclebulgaria67]

What information do DVLA need for a provisional licence ?

 

Think the ID issue needs to be looked at a bit more. Surely you have birth certificate, school information, Doctors records. School and Doctors should provide a letter to help with ID.

 

 

 

 

 

 

 

 

[The GodMother]

Its because he does not have a passport. According to the rules they have said he needs to provide certain documents yes a birth certificate and yes proof of National insurance number but other than that they are asking for more. He has a bank statement but thats it other than the P45. 

 

 

https://www.gov.uk/id-for-driving-licence