Furlough fraud by ex employer - what should I do

[Loughton wannabe]

Hi,

 

I get this is a taboo subject but really just wondered what should or may happen, as seems there is little guidance out there.  I apologise for war and peace, I just want to lay out what has gone on:

 

Basically I went to work early February 2020 for a very small company, (paye employee) who actually did quite well during the course of the pandemic, furloughed no body throughout much of that year only when it came to Christmas-time the boss became a little strange in behaviour and I was beginning to feel pushed out, sadly unbeknown to me, the boss started to look into furlough, not discussing this.

 

I left the company completely not knowing this and moved to another business.

 

Couple of months on, checking HMRC online tax account I was shocked to notice they were still recording full monthly wages with HRMC, at this point I am given the oh an accountant has made a mistake, it finally got to April before they put through zero's for that month's payroll as if that was going to change anything, the entries of previous month's wages still appear. I complete Census 2021 that I had never been furloughed. End of March 2021 HRMC then made it clear through the online account of mine, that the Employer did make claims from Dec 2020 and I followed the link to report. Basically three entries they reported as wages were never paid out, no wage slips provided and it was like I was a ghost employee. 

 

Since then I have just gone round and round and round in circles with HRMC with their awful replies, there are two lines they like to use, one, is they just keeping me to report the Employer. (now at what would be third report!) Two, They just say "HMRC cannot provide information about individual applications or claims made by the employer and unfortunately, we cannot intervene in the dispute between both parties. You would need to discuss this matter with your employer." I have no idea why they don't acknowledge it as former employer - or are they trying to insinuate that my now current employer is responsible for sorting the mess?

 

- I get that a lot of this FF probably isn't going to be looked into but it feels like no support exists in getting things put right with HMRC and the employees (ex or current) of the fraud, surely can't remain the victim in paying for the crime.

 

Does anyone know if the business had been in a mistake situation genuinely or have long given the furlough money back in correct their error, would HRMC by now have made my account right?

 

I now have HMRC saying I've underpaid tax and have changed my payroll code, when I think the furlough fraud situation has something to do with it - HRMC have never been able to tell me with any certainty why/how I've underpaid tax.

 

Sadly I don't think I will ever got the ex boss to communicate with me and, in sorting it out like HMRC seem to advocate it's as easy to - a situation last October where I needed a job reference, saw the boss ask if my tax account was now right and me, saying quite calmly I saw the business furloughed me, the reaction just proved wrong-doing.

 

Do I now need a solicitor? 

Or do I complete HMRC self assessment as Dad say's?

 

Please accept my apologies again if I sound like an idiot, I really want to get this sorted.  I just thought at first report instance, it would all get resolved but seems HMRC just wash their hands of it.

 

Sorry for typo - need to edit - Basically three entries they reported as wages were paid out, no wage slips provided and it was like I was a ghost employee. 

 

 

 

[dx100uk]

goto the hmrc website 

fill out their sar.

 

get all the data first then attack.

 

dx

[Loughton wannabe]

Thank you for the advice about SAR'ing HMRC which I've done.

I also did know there was a database containing companies who've claimed furlough which my ex company is listed on as having done so.

The Coronavirus Job Retention notification still appears on the personal tax account and checking details Employer sent I've now got two lines of 0'00s for April.

I even received pension contributions during the 'ghost wages' which the Employer now indicates they can 'take back'

Employers who have claimed through the Coronavirus Job Retention Scheme - GOV.UK

WWW.GOV.UK

---

Monthly data on claims made by employers through the Coronavirus Job Retention Scheme.

 

During this week I've had a development - I finally got the ex employer to communicate again.

 

After nearly 12 months they decide it does affect them having paid employers tax and national insurance too! keeping up the reason of accountant error - blow me down, what a cover up, are they are now trying to indicate HRMC are responsible for making an error!? 

Reply goes: "We have re-submitted the payroll reports for Feb 2021 and March 21 to HRMC for xxxxx which should now rectify this issue with xxxx's pay record.

 

There appeared to be an error with HMRC's system, which meant they did not receive our original amendments to your payroll"

 

I am wondering if they give the money back that is claimed it just makes everything right again? it seems odd the Employer didn't defend themselves in October and just thinking of the wider implications like I could now be accused of slander. (all based on what I see on the HRMC tax account) I just can't see that I have anything further I can ask of the ex. employer with the reply above.

 

I understand I can make a complaint to HRMC and then bring in the Parliamentary Ombudsman?

[Loughton wannabe]

Please delete, it's alright I will find my own help.