Unlawful deductions made from Salary? - Update & furhter advice needed

mountainofdebt

I posted last week that I had been let go from a job that I had started only three weeks prior to.

Anyway I was promised I would get the salary due to me by bank transfer on wednesday, which developed into a cheque being posted on friday and which materalised into a cheque being pushed through the door today

They haven't issued me with a payslip and have taken a straight 30% from the salary owed to me, despite being given a completed P46 and a P45 (the P46 was completed before receiving the P45 from the DWP).

As I would have received the benefit of having two months tax allowances it means the difference of approximately £300, which is alot of money.

Am I right that under sections 13 - 15 of the Employment Act 1996 this is an unlawful deduction.....I would add that I haven't been given a payslip nor a P45

Any

What do you mean you were taken 30% straight off your salary? As to account for tax and NI you think?
They have to issue you with payslip, they cannot avoid that.
Call them and ask them when are they going to issue with your payslip and any monies owed after proper calculation (straight 30% without payslip isn't proper calculation)

mountainofdebt

Yeap that's right, the gross pay was £1280 and the cheque is for £896.

I assume it was for tax and NI but as I said, this amount doesn't take into account any allowances that I am due.

My guess is that the company couldn't afford to keep me (I worked in the accounts department) but they don't really know how to run the payroll hence the straight deduction.

Does anyone know which piece of legislation states that a payslip should be provided?

Any

http://www.direct.gov.uk/en/Employment/Employees/Pay/DG_10027228

dmg24

Sometimes it takes longer to process P45/ 46's than it does to process payment. Assuming that it is for tax and NI, it is not an unlawful deduction (and you really need to stop trying to apply laws you do not understand). If you have overpaid tax, then it should be reflected in future tax payments this financial year, or you can apply to HMRC to have the amount refunded.

Any

dmg24 wrote: »

Sometimes it takes longer to process P45/ 46's than it does to process payment. Assuming that it is for tax and NI, it is not an unlawful deduction (and you really need to stop trying to apply laws you do not understand). If you have overpaid tax, then it should be reflected in future tax payments this financial year, or you can apply to HMRC to have the amount refunded.

That is right - in connection with the tax&NI.
However first you have to find out whether the amount deducted was the correct amount calculated for the tax&Ni... and without payslip and us knowing what tax code etc you are on, this would be difficult.

mountainofdebt

Given I have the tax allowance of 647L and my tax allowance for April & May would have been applied to this payment, I would have been taxed on approximately £200 - at 20% this would have been £40.

NI would have been approximately £88 - thus the deductions would have been £128 approx instead of £384.

The bit I find difficult to understand is that if they could manage without me (I worked in the accounts department, how can they not provide even basic information such as a payslip ?)

Any

Then they didn't pay you all money owed and still have to provide you with the rest.
call in, request the payslip and any money owed in reasonable period of time (best in line with other employee's payroll) AND P45 (which they MUST give you as well by law).

Any

mountainofdebt wrote: »

Given I have the tax allowance of 647L and my tax allowance for April & May would have been applied to this payment, I would have been taxed on approximately £200 - at 20% this would have been £40.

NI would have been approximately £88 - thus the deductions would have been £128 approx instead of £384.

The bit I find difficult to understand is that if they could manage without me (I worked in the accounts department, how can they not provide even basic information such as a payslip ?)

By the way what was the tax code on the P45 you gave them?
If they are not told by HMRC otherwise they should use that tax code.. Also when was the P45 from? (this tax year, past tax year...)

woody01

Would it be better to ask the person that paid it? :whistle:

Any

woody01 wrote: »

Would it be better to ask the person that paid it? :whistle:

And who else would you want to ask for that payslip?
The OP was asking what are his rights for when it comes to the questions, just so he knows what to ask for...