EX employer with holding my P45, HELP

wrightstar

I resigned from my job and my last day was on 23rd may. They have overpaid me by one day and told me today that they cannot send me my p45 until i have repaid 1 days salary.
I am in the process of claiming income support and my claim cannot be processed until i can prove i no longer work.
I need a p45 or a letter confirming this but my ex employer wont help me out until they have recieved the cheque. I have no problem paying them back but this will now hold up my claim by quite a long time.
Can my employer do this to me.
In the meantime I am paying full rent and have no money left.

therealdessie

They're right to ensure that your final pay is correct before issuing your P45 since it cannot be re-issued, do they understand your current predicament though? They may well be understanding of your problem if you let them know, I expect right now they're just following procedure.

wrightstar

I explained that since i left i have claimed income support as im a single mum and havent found another job.
The lady in payroll was very rude to me and said she could no way right me a letter confirming my last day. I know they need to foolow the rules but surely that doesnt include a simple letter with 2 lines to help me out.
The job centre are very unsympathetic and dont care if i have no money to raise my daughter at the moment
.

therealdessie

Perhaps the next step should be a formal letter to the MD in that case, and make it clear you're going to kick up a fuss unless they pull their finger out!

System

As I understand it you don't have a legal right to either a letter or P45. It's just common practise.

But this shouldn't hold up any benefit claim, the DWP/ Council can phone up your ex-employer to confirm any details they want. I would put your claim in for any relevant benefits, and say that the your ex-employer has not provided any documentation in the 'any further info' section. I do think there is any benefit in going into any further detail that that. Make sure that you ask to backdate the claim, and say that you were attempting to get the documentation etc.

As for the 1 days overpayment, I would personally ignore them,
I doubt its worth their while coming after you, and they seem to be less than civil with you.

wrightstar wrote: »

I resigned from my job and my last day was on 23rd may. They have overpaid me by one day and told me today that they cannot send me my p45 until i have repaid 1 days salary.
I am in the process of claiming income support and my claim cannot be processed until i can prove i no longer work.
I need a p45 or a letter confirming this but my ex employer wont help me out until they have recieved the cheque. I have no problem paying them back but this will now hold up my claim by quite a long time.
Can my employer do this to me.
In the meantime I am paying full rent and have no money left.

fengirl_2

You do have a legal right to a P45 and it should be given to you on your last day at work.
I suggest you pay your employer what he is claiming so that he can finalise your pay and tax and issue the P45 - I don't understand why you are not paying him if you have the money.

Luvly.cuppa.T

I beg to differ fengirl, a company I worled for withheld my P45 and aparantly they don't have to give you one as I found out- desperate to get it ( the boss was notorious for throwing away people's P45s as a way to get back at people who had left!!)

What you need to do is contact the tax office and tell this, they can send another form out to you, or confirm dates etc. This is what I had to do and this was 2yrs ago now.

arealbasketcase

A P45 is in three parts, one of which must be sent to the tax office at which your employer is registered. They can issue a P45 for the correct amount and send you an invoice, under seperate cover, to reclaim any over payment adjusted for tax and NI. I would even hazard a guess that a certain payroll clerk is trying to cover up their own mistakes but that is (possibly malicious) guesswork. They are legally obliged to issue the documents not just to you but to the tax office, I may be out of touch with current legislation, as I have been working abroad for a while, but I am pretty sure such things haven't changed that much.

When starting a new job, if you had received the P45 and, for example, lost your copy, you could request a form to fill in (I think it is a P46) this allows the tax office to trace your records and issue a tax code to you and your new employer. I don't know, but just maybe there is a similar procedure when registering for benefits, just a suggestion.

Best of luck.

sara1880

It is any employers duty to provide a Statement of earnings for the period you worked for them. Contact Inland revenue they can request your P45 from your previous employer they are legally bound to provide this information.

In the mean time you can apply for a Crisis loan from the DWP you can also apply for a budgeting loan. Contact your local Citizens advice, also have you contacted the council yet and told them you are no longer working and would like to ask for help with the rent/council tax?? they will only pay from the date you ask for the forms they do not backdate unless there is a really Really good reason.

CIS

You have a legal right to a P45 - From HMRC;

P45

You get a P45 from your employer when you stop working for them. It's a record of your pay and the tax that's been deducted from it so far in the tax year. It shows:

• your tax code and PAYE (Pay As You Earn) reference number
• your National Insurance number
• your leaving date
• your earnings in the tax year
• how much tax was deducted from your earnings

A P45 has four parts - Part 1, Part 1A, Part 2 and Part 3. Your employer sends Part 1 to us and gives you the other three. When you start a new job, or claim Jobseeker's Allowance, you give Part 2 and Part 3 to your new employer or to the Jobcentre. You keep the remaining one - Part 1A - for your own records.
Your employer should automatically give you a P45 when you stop working for them. If not, ask for it - you're entitled to it by law.

Horace

Yes, that is true but if your employer doesn't send one (I had one gave it to my employer who turned out to be a con woman and I haver never had it back) you advise your new employer and ask to complete a P46.

I know this because I too, have spoken to the HMRC.