Can you change a leaver's paydate?

[Loughton wannabe]

Hi,

 

I'm having some weird issues with an Employer I've left.  I've just never heard of being able to change someone's pay date for final pay? 

 

Done 6 months, no pension contributions made at all, during employment payday changed from the 28th to 30th (seems the employment contract they supplied was just littered with errors regarding payday date through to notice period, one of the directors had owed a business before so surely not that naïve, none of this communicated, I've just had to find out through embarrassment along the way) perhaps I'm unlucky and payday was just going to change for a 3rd time but surely enough of a joke, they have a duty to inform?

I'm now a month after leaving, with no P45, no final pay received (holiday pay owed) and I believe the next two days left of October being a weekend, the banks consider non working days. 

 

The weirdest thing they've managed in the last week was to open a 'shell of a nest' account, so it raised my hopes that I might just get paid just some/a little of the holiday not previously taken, but nothing has appeared whether to bank account, nothing declared to a nest account or personal tax account.  I did think the Employer would try to avoid paying holiday pay given what happened at notice going in, but the nest opening as most recent just threw me.

 

The thing for first step I think of is asking Employer where is my P45? 

[unclebulgaria67]

Final pay from an employers can be late, as you are no longer part of regular payroll. They have to manually process the amount owed including any holiday pay and issue P45.

 

But more than a weeks delay is unacceptable in my opinion. A months delay may indicate a problem. So simply chasing it up asking for P45 may not be enough.

 

Suggest a letter before claim is sent stating that you will have no option but to issue a Court claim. Work out how much you think you are due and state this. If you have suffered any financial loss you can prove, then state this as a separate amount to employment pay due.

 

Would there be any possibility the company is in financial trouble or due to go through change of ownership ?

[Loughton wannabe]

Thank you so much, many respects and thank you for answering, I've also been so stupid and need to give my head a slap for forgetting they used to pay me under another company name when it came to HMRC reporting.

That company is now formally 'dissolved' with Companies House - I wonder if that's causing them problems too.

 

[unclebulgaria67]

Was a new company  employing you before you left ? 

 

If the company you worked for no longer exists, you will have to find out who is dealing with any liabilities they left behind. 

[Loughton wannabe]

Sorry, hope this will be clearer I joined the company in April as a fairly new company that had come about during Covid19.

There was a trio of Directors - the older one had a company which seemed dormant/inactive and unrelated to the challenging business I'd joined but I only became aware part way during employment, upon checking my personal tax record on the gov site, it seemed that this company was the payroll live feeds reporting as far as HMRC were concerned. Albeit pay slips given in the hand were noted for the company I believed I actively worked for.

 

It appears this dormant business dissolved toward end of September if I go by companies house update.

 

I reported to the younger director but getting answers from them for pay related things was quite difficult as they would just say they were not on payroll themselves.

 

They are office based so if I get no response to an email, I could try and visit.

 

I've tried to end the employment on the HMRC site my end but it does state I need to allow until 12th November. Should I leave it till I've past this date.

 

To be fair I think I might have been their only non family employee.

 

[unclebulgaria67]

Suggest that you visit the business in person to see if you can resolve.  Hopefully this will do the trick.  At least if you visit,  you can check for any signs that the business is still trading.  With the pandemic hurting many businesses, you don't want an email to go unanswered and then find out weeks later, that they have closed.

[Loughton wannabe]

Thanks again so much - I can get some businesses genuinely have had it tough. 

 

After some emails went ignored, I chased by phone getting hold of the Employer.  

 

I decided to draw a line under this saga, as the DWP are paying Universal Credit for the month of October so it felt wrong pursuing this employer for holiday pay. And give them benefit of the doubt if they are a struggling business.

They've now issued a P45 and whilst no answer forthcoming on why it took 6 months to open an contribution pension account with then 

no intention to pay in, the accountant apparently say the nest account closes automatically without anything further need being done with it. I did give them the option of me assisting back paying in making up the employment missed contributions so I couldn't have done anymore in helping them.