Ex-employer witholding P45 and wage slip

angel.cake_2

I left a job after 5 weeks and did not give any notice, however they did accept this and have confirmed in email their acceptance. I had already been paid to the end of the month I worked so I did not owe them any money or vice versa.

I have one of their training files in my possession and have no problem in handing this back (its worthless in monetary value). The only reason I haven't yet is that I have not been back there and it is too heavy to post. I actually forgot about it (and so did they it seems).

I have twice asked for my p45 and final pay slip, however they are now 'holding them to ransom' and saying they will be released once the file is returned. The first I heard of this was today when they replied to my second request for the P45.

Are they legally allowed to do this?

I am concerned now that even if i return the file, they will not send the P45 and wage slip.

G51shopaholic

go to local tax office and get them to phone. An employer cannot with hold your P45 for any reason. Without it any new employer will automatically deduct tax at emergency level till they get correct figures.

fengirl_2

Also it is unlawful to not supply a payslip for which you can take them to an ET. Maybe a letter reiminding them of this and asking for the items within 7 days will do the trick. Follow up with the ET claim, though if they dont supply it.

jdturk

fengirl wrote: »

Also it is unlawful to not supply a payslip for which you can take them to an ET. Maybe a letter reiminding them of this and asking for the items within 7 days will do the trick. Follow up with the ET claim, though if they dont supply it.

They have supplied it, it is upto the OP to go and collect it and maybe whilst they do that they hand the folder back.....nice and simple solution

angel.cake_2

I have contacted them again and advised that it is illegal to withold them. I also said that I am quite happy to give the folder back and always was happy to. Will have to wait for response now!

ben_reza

Take the file back and pick up the paperwork you are missing.

Rocket science.

jdturk

ben_reza wrote: »

Take the file back and pick up the paperwork you are missing.

Rocket science.

Exactly....

angel.cake_2

ben_reza wrote: »

Take the file back and pick up the paperwork you are missing.

Rocket science.

Wow, never thought of that! :T

Didn't need to though, they have said they will send it once I pointed out it was illegal.

Perhaps going back to a company you left is not the easiest thing but I guess there is always someone on here who likes to add a little one-liner of 'advice'

catflea

There might be a reason why the OP isn't returning the file. Perhaps they have relocated to another part of the country so its not a quick case of popping to the office - being a file theres a possibility its also fairly weighty and therefore pretty expensive to post. Theres a flip side to each and every coin

angel.cake_2

catflea wrote: »

There might be a reason why the OP isn't returning the file. Perhaps they have relocated to another part of the country so its not a quick case of popping to the office - being a file theres a possibility its also fairly weighty and therefore pretty expensive to post. Theres a flip side to each and every coin

Thank you! :beer:
I did explain in the OP that it was heavy but don't think some of these guys bothered to read it! And I only found out today that the reason they were witholding the P45 was because I had the file. Of course I am happy to return the file but I don't particularly want to come face to face with them because of their now rather nasty attitude towards me.

angel.cake_2

jdturk wrote: »

They have supplied it, it is upto the OP to go and collect it and maybe whilst they do that they hand the folder back.....nice and simple solution

Perhaps you did not see this part of my OP....

Are they legally allowed to do this?

I am concerned now that even if i return the file, they will not send the P45 and wage slip.

The question was whether it was illegal and also pointed out my concern that they would still not issue the P45. I'm sure my presence in a large company is not going to scare them into giving it to me!