Employer not paying TAX or NI

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  • Pennywise
    Pennywise Posts: 13,468 Forumite
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    TBagpuss wrote: »
    Is he looking for a new job?

    Is the most important thing. He NEEDS to get out of there as soon as possible. These issues aren't going to resolve themselves. You/OH can't force the employer to tax their vehicles. You can't force them to do the payroll properly. You can't force them to do whatever else they're doing wrong (and they will be doing other things wrong). Trying to change the employer ways will be an uphill struggle that's just not worth it. He needs to get out, and get out soon. If he's not very actively looking for other jobs, that's his Number 1 priority so he can put it behind him.
  • bugslet
    bugslet Posts: 6,874 Forumite
    edited 12 October 2017 at 3:21PM
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    And technically he will be in breach of British Domestic Hours. People imagine that because he is in a van and it has no tachograph that there are no hours regulations, but there are. Both he and the employer could be done, though it's highly unlikely.
  • maisie_cat
    maisie_cat Posts: 2,068 Forumite
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    Many years ago I had an employer who deducted tax & NI and didn't pass it on, I now have a hole in my NI record as a result. Thankfully I only worked for him for a year but he never did pay HMRC so the OP is right to be concerned. As HMRC have been informed this will be flagged somewhere I would think and "Bob" might well find himself on the receiving end of an investigation. Untaxed vehicles can be reported online I think
  • TELLIT01
    TELLIT01 Posts: 16,479 Forumite
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    Mummy2211 wrote: »

    Although I am slightly upset that you have both jumped on me about trying to help him out,

    I wasn't intending to be seen as jumping on you for trying to help. Your original post didn't mention anything about acting formally on his behalf, which is why I said he needed to speak to them himself. I accept it's often difficult to provide all information to the board from the start.
  • ACG
    ACG Posts: 23,727 Forumite
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    If you push this too much, the employer may well get rid of your partner. As he has been there less than 2 years, an employer can get rid of an employee for more or less anything (there are a few exceptions such as medical issues, racism etc) and you would have no rights to a tribunal etc.

    Best case scenario is your partner finds a new job.

    It saves you wasting time and energy on something you are never going to win. If the employer is prepared to cut corners like you suggest then they wont hesitate in getting rid of your partner.
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  • bugslet
    bugslet Posts: 6,874 Forumite
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    I have no problem with him finding a new job before informing HMRC, but they need to do so. I pay my taxes, try and be a decent employer, but I have to compete against firms like this and it isn't possible, they work for so much less.
  • Samsung_Note2
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    Is he a Ground worker by any chance..?

    Sorry might have missed this,but is he as far as the employer is concerned,self employed.
  • bugslet
    bugslet Posts: 6,874 Forumite
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    Mummy2211 wrote: »

    Because he is a driver, he has limited time for long phone calls, and when he is home, he is catching up with our children, .

    Somewhere else the OP mentions working 80 hours, sounds like a courier company to me.
  • Mummy2211
    Mummy2211 Posts: 107 Forumite
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    So - We are now January, and its has been a tuff few months since I wrote this posts.

    Basically - My partner left the company, Because the bloke who owns it, was taking the mick, and putting lives at risk of his workers, With far to many hours, and if anyone dare question this, or speak up he would get rid of them there and then, Which has happened a few times since my OH has been working there. The vehicles are still untaxed and uninsured, But is still managing to get away with working for the police?? Strange..

    As for my OH tax and NI - This still has remained unpaid but the employer, But the wage slips we managed to get in the end, Show that they have been taking both off his wages - So HRMC are happy that the fault is not with us, as, as far as OH knows, the employer has been paying his tax and ni as stated in the wage slips.

    Although my partner has left, He was not paid his last wages, Nor was he paid the money owed for fuel that was used out of his own money (£50 worth) and nor has he had a P45 as the bloke is refusing to pay my OH anything, and said that if we take it futher, he will send us an invoice for damages caused to vehicles, and for an agency staff he had to get in when my partner left, Which is all lies, Because he has never used agency staff and wouldn't (in his own words).

    There are three other workers, that are in the same situation as my OH, None of them have been paid, or hours worked, owed holiday.

    This bloke seems to get away with everything.
  • comeandgo
    comeandgo Posts: 5,744 Forumite
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    He gets away because nobody reports him.
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