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  • FIRST POST
    • Mummy2211
    • By Mummy2211 11th Oct 17, 7:13 PM
    • 46Posts
    • 24Thanks
    Mummy2211
    Employer not paying TAX or NI
    • #1
    • 11th Oct 17, 7:13 PM
    Employer not paying TAX or NI 11th Oct 17 at 7:13 PM
    Well what a ball ache..

    So my partner started this new job in June - All seemed good when he started, although i smelt a rat! (been burnt alot in the passed so i dont trust many people)

    Anyway- 1st week into my partner starting his job, I asked for his wage slip, Cant you imagen my face when he Said " Oh bob, dosnt do wage slips".. I wasn't sure I heard him right so I asked again, But yes that's what I hear, apparently his boss dosnt do wage slips... Now I am defiantly hearing the alarm bells, So I told my partner that this is wrong, and he needs to get these, other wise how will we know what Tax and NI he is paying or indeed he is being paid correctly.
    Anyway a lot of other things have happened, to make me think this company is a bit of a fraud.

    So I contacted HMRC to see if indeed tax has been paid, and I wasn't surprised when they said that no tax has paid, and also that he has no employment on his account since he left his old job..

    I have asked twice now for my partner to have wage slips (I went the bosses wife as she does the accounts) and she said she would get them sorted, but as of yet we haven't had them, I have advised her that I need them ASAP to send to our mortgage company, but the last message has gone unread.

    I have then found out that the company vehicles some of them are not even TAXED!

    This is just going from bad to worse, and I really do not know why my partner is even still there, he works about 80hrs a week and gets paid nothing for it..

    Anyway - I have been advised to talk to ACAS, but has anyone else had this? or any other advise would be really helpful right now, as I am so worried we are going to have a awful tax bill to be paid.

    There is no work contract either!!
Page 2
    • comeandgo
    • By comeandgo 19th Jan 18, 2:11 PM
    • 1,934 Posts
    • 2,635 Thanks
    comeandgo
    He gets away because nobody reports him.
    • TBagpuss
    • By TBagpuss 19th Jan 18, 3:02 PM
    • 6,248 Posts
    • 8,048 Thanks
    TBagpuss
    Did the employer makes those threats verbally, or via text or other written medium?

    The employer is required by law to provide a P45. Your partner can report to HMRC that he has not had one and they can take action, and when he get s a new job he will need to ask his new employer for a 'starter checklist' which allows them to get his tax code right.

    He could issue a claim for the unpaid wages. I think that reclaiming the petrol costs might be harder depending on whether he ever got a written contract and what it said about reclaiming expenses (and whether he could prove the petrol was for a work vehicle, not his own)

    In terms of the employer's threats:
    - Just becuase he threatens to send an invoice, doesn't mean he will do so.
    - just because he sends an invice , doesn't mean that your partner has to pay it
    - if he sought to claim the money he could make a claim via the small claims court, and your partner could defend it. The employer would have to be able to prove that your partner damaged the vehicles.
    - If he sought to claim the cost of an agency worker he would, at most, be able to claim actual costs as a result of your OH leaving without notice. If there was no written contract of employment, then your OH would only have had to give one week's notice. The employer would have to prove that they had in fact incurred the expense which, if they did not, in fact, take on another worker, they won't be able to do.

    So, in your partner's place I would:
    1. Write to the employer (keeping a copy and getting proof of postage) requesting that they provide the P45, outstanding wages (+ Pay for any holidays accrued but not taken) and repayment of expenses.
    2. Contact HMRC, notify them of the date he finished work and that the employer is refusing to provide a P45. (also, if necessary, supply them with the wageslips as proof of income and tax)
    3. If no payment is forthcoming, go to money claim online and follow the instructions to make a claim. Make sure that you check first whether the employer is a limited company or a sole trader / partnership so you sue the correct legal entity.

    Do 2 even if you decide not to do 1 or 3.

    There is also nothing to stop you contacting the police and/or DVLA about the concerns relating to untaxed vehicles.
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