Not received a P45

minimad1970

Hi, I left my job at the beginning of july and have still not received a P45 or a P60. I am also still waiting for my holiday pay. I have contacted my ex-employer but have heard nothing back, I wrote to her as she is not the easiest person to confront about things, especially money, I know she got the letter as my mum works there. I left the job on good terms so there shouldn't be a problem. Does anyone know what the next step should be as I thought it was illegal for an employer not to give a P45. Thanks in advance for any advice.

Gertie_Walker

Only HMRC can enforce the P45 issue so you need to infomr them and also tell them about the lack of P60.
You will need to go to an ET to claim your holiday pay - forms are online and usually the issue of an ET1 is enough to get employers moving.

shikoku

Send this - email will be fine:


Dear Sirs

Please handle this as a grievance

On DATE I made a formal written request to you for my final payslip and P45 document, as of todays' date I have not yet received these.

I feel I must now remind you that you have a legal obligation to provide these documents to me.

If I do not now receive my final payslip and P45 document within seven (7) days of the date of this email, I will have no choice but to file for an Employment Tribunal to recover them for me, as well as any monies outstanding.

I await your response.

minimad1970

Hi, Thanks for the replies. I left work on 3/7/2010 and I was paid weekly. I am waiting for my P60 that should have been issued at the end of april. Thanks again.
I have just heard via an another employee that she is going to send my P45 and P60 tomorrow, but that she doesn't agree that she owes me any holiday pay. So it looks like I'll have to fill out the form mentioned earlier.

minimad1970

It was mentioned in an earlier reply about taking my claim for holiday pay to an Employment Tribunal, is this something I can do myself or should I get some info from the CAB first? Thanks.

honeyD

Im having the same problem! Left at the end of June, received my last 4 weeks pay but still waiting on my holiday pay which is around £250 and my P45. Ive called twice and once was fobbed off and told I didnt work there long so wouldnt have accrued anything and the next time I was told they had put in a request for it and I would receive it in 10 days.. over a week later and still waiting. Dont know what to do but going to put something in writing to start off so I have a paper trail. Good luck with yours

mariefab

Some employers simply don't know that this right exists.

You could send a letter by recorded delivery stating that section 14 of the Working Time Regulations 1998 affirms your right to be paid for accrued but untaken holidays when employment ends. Give a time limit for the payment to be received.

If this doesn't do the trick you can start an Employment Tribunal claim online to recover the payment.
Keep an eye on the time limit because the last date on which you could submit the claim would be 3 months less 1 day from the earliest date on which the payment should have been made.

On the ET1 you just enter yours and your employers details and details of your job and pay in sections 1-4.
Tick holiday pay at secton 5.1.
Provide information about your claim at 5.2.
Enter the amount you are claiming at 6.1.
Tick the check box at the bottom of section of section 11.
Scroll up to the top of the form, tick 'i want to make a claim' and 'other payments you are owed'.
Click the 'submit completed claim' button- job done!

http://www.employmenttribunals.gov.uk/Documents/FormsGuidance/newforms/ET1.pdf

chuckley

im having the same problem (P45) but mines from mid june!!!

i didnt realise the HMRC can demand it for you. WOW!

minimad1970

Hi, I've now received my P45 and P60. My P45 is ok but the P60 doesn't look right. It looks like a photocopy and in the top right corner the surname and forename sections are covered by a box saying INFORMATION ONLY. My ex-employer has written my name above this, so it isn't in the box. Does anyone know if this is the correct copy? She also attatched a compliments slip saying, in reference to my claim for holiday pay, " I am happy with the money I have paid you ". So it looks like I'll have to take legal action.

chuckley

well according to HMRC they only demand the details off them at the end of the tax year. basically, its up to the employee to get the P45.

Savvy_Sue

when I was doing payroll for an out of school club, I sometimes got a letter from HMRC saying "Why haven't you issued a P45 to this person?" The reason was always that although they hadn't worked for me recently, they hadn't told me they weren't coming back!

So unless things have changed, they might well be asking the old company for tax details anyway.