No payslips for 7 months

shootme

Hi everyone. I did a temporary assignment for an agency starting in April this year. Up until recently I received no payslips from then as they had my e-mail address down wrong on their records. I have been trying to get the missing payslips from them ever since. I just keep being passed from pillar to post and then having them promised "today" but then they never turn up. I need these to make a claim for maternity allowance and if I don't get my claim in soon it's going to delay my payments. Does anyone have any advice for me please as I'm at my wits end with it now.

fengirl_2

Failure to supply payslips is an offence under the Employment Acts. Threaten them with an ET claim and see how quickly they produce them.

shootme

Thank you for that fengirl. After DWP referring me to HMRC, them referring me to ACAS, them referring me to pay and work rights helpline, them referring me to CAB and then being referred back to ACAS, I have been advised to write to the employer to complain and then take them to tribunal if they still don't sort it out.

Do you know if this formal complaint can be via e-mail? Also how long do I have to give them from that point before going to tribunal? I should have asked acas this but it was a bit like getting blood out of a stone anyway tbh.

Murdina

Have you actually had any payslips at all? If not, I would be concerned whether or not the employer is operating PAYE correctly. If you have now had one, check that the pay and tax to date figures do appear to be what you would expect ie the total of what you have earned since last April. Have your colleagues or anyone else you know who works via the agency had payslips?

fengirl_2

This is not an ACAS issue which is why they are not being helpful, nor is it an HMRC issue. I would write recorded delivery and give them 7 days to send the payslips to you before you begin proceedings. The forms are here:
http://www.employmenttribunals.gov.uk/FormsGuidance/downloadableETforms.htm
If they have not been operating PAYE, then it is an HMRC issue and the employer is ultimately liable.

DVardysShadow

shootme wrote: »

... Do you know if this formal complaint can be via e-mail?

It can be email or you could try carrier pigeon. But recorded mail has the advantage of a receipt.

shootme

Hi everyone. Just wanted to say thanks very much for your responses. I have now received all my backdated payslips! I think my contact finally got fed up of me phoning him every day and made it a priority to sort it out.