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EX employer with holding my P45, HELP

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  • Luvly.cuppa.T
    Luvly.cuppa.T Posts: 382 Forumite
    I stand corrected!

    So it is law to give out your P45, yet nothing can be done to prosecute the person who is withholding it ( I enquired into this briefly but was told there is nothing that can be done!! but go to tax office for forms).

    I can't understand that myself to be honest, a law that doesn't really help in the face of fustration, and getting what is rightfully yours! It just seems that the info has to be given from the employer to the tax office and that's the real law behind it all. The employee is just entitled to get some form/version of what the P45 says!
  • Savvy_Sue
    Savvy_Sue Posts: 47,344 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If a former employer does NOT give you a P45 or send a copy to their tax office, when you start your new job it is likely that the tax office will approach the previous employer. I suspect that if they don't send the information through fairly quickly at that point, they risk an investigation into their affairs: has PAYE and NI been passed on when it should have been etc?
    Signature removed for peace of mind
  • wigglebeena
    wigglebeena Posts: 1,988 Forumite
    Savvy_Sue wrote: »
    If a former employer does NOT give you a P45 or send a copy to their tax office, when you start your new job it is likely that the tax office will approach the previous employer. I suspect that if they don't send the information through fairly quickly at that point, they risk an investigation into their affairs: has PAYE and NI been passed on when it should have been etc?

    Yeah, make 'em jump about on hot coals for a bit. The tax office was VERY interested when I asked them about an agency that was persistently paying my NI to the wrong number. Apparently although they were taking tax out of my pay they weren't passing it on to the taxman.... very dodgy! No wonder they threw a fit at me when I kept inquiring about the NI...
  • wrightstar
    wrightstar Posts: 111 Forumite
    ive sent the cheque as they said there was no way they would give me any proof that id left the company.
    i never had a problem paying the money back to them but they never told me i owed it to them until last week (i left on 25th may).
    I still havent got the p45 but somehow i am now receiving income support.
    Strange, as the job centre said they couldnt process my claim without the p45.
  • EDITED because I got it all wrong- I thought you had sent the cheque to the tax office!!

    Hope it works out fo you and cancel cheque if you can....
  • wrightstar
    wrightstar Posts: 111 Forumite
    im going to try and cancel the cheque tomorrow.
    I dont urgently need the p45 anymore as my benefit claim has been sorted and i am now getting income support.
    I will ask the tax office for the p45 tomorrow
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