Emergency Tax Since April

SonniC

Lynn
Your welcome - I hope you resolve the issue soon

One final note
Not only has your employer breached the terms of your contract by not paying you monies due by the due date but (depending on the exact wording of your employment contrct) they have also taken an unlawful deduction from earnings. In breach of the employment rights act 1996

As you have a contractual right to be paid for the hours worked withholding the overtime payments is effectively an unlawful deduction of earnings.

I appreciate it can be difficult butting heads with an employer and even more so if you are absent due to sickness. However they have no excuse for this appauling behaviour

Feel free to PM me if you need any further help

lynn44

Hi SonniC
thanks for your reply
1st...my employer say they got "lost" whole batch of p45's in April 06...and they never received my p46 despite sending out 2...??
I have spoken to my tax office who are now trying to sort out correct tax code....what I dont understand is my empolyer said they lost my p45 BUT when my wages was paid direct into the bank payments were showing from my previous employer (DHL) ???

2....
I have spoken to acas and they say employer is by law allowed to recall payments!! GGGRRrrrrr (because it is overtime payments not basic wage )
It is my overtime which they are questioning about £1400 for the month,
My area manager came down on Thursday to try and rectify my O/T so I asked my mananger to call me as I wanted to be present ( im off sick with broncitis) SHE NEVER CALLED ME,GGGGRRRr
it seems now the email I still have from aug 06 from the area manager is WRONG and I have been overpaid,I argued with my manager and said I have written all my overtime out going by what I am entitled to re email !!! NO THATS WRONG she said!
So am still waiting for her to sort it out !!
thanks for any help

lynn44

I have been on the phone again to acas , spoke to someone different who said it was against the law to take back any payments. (unless its in my contract. I have never received a contract of employment) they should of told me in writing, so have now issued official complaint against my company!
still waiting for my pay
thanks for all your help, will keep you posted the out come

Hoddie_2

Just for future reference, if you provide a P46 to your employer and they continue to tax you on BR, you can insist that HMRC update your records manually and issue the emergency code as a stop-gap until your tax records are brought up-to-date. To arrange this you would need your employer's PAYE reference, the date you started and your employee number. It normally takes 2-3 weeks to arrange but is often quicker and less painful than continually chasing your employer.

Edit: If you complete the P46 incorrectly and your employer uses code BR as a result, HMRC have no obligation to do anything other than wait for and process the P46 (at this point they will review your tax records and either issue the correct code or write to you for further details - normally 4-6 weeks).

lynn44

Yes tax office have now applied correct code 503L ..
I today received my OT CHQ !!! for £817 little note enclosed said we have not had your tax code,even though they used it 2 tax me on OCT 'S wages (503L) they said cheque enc was for £1201.98 oh less tax & ni @ 68% ....really peeeee'd off . I thought they already taxed me when they issued the wage in oct ?
I am still waiting for them to send me my Greivence Forms I asked for last monday!!

Hoddie_2

It's important to recognise the difference between 503L and 503L(week1). The week1 code is the emergency code, if your employer is using this it is possible that you are paying too much tax (although this is not a certainty). If this code is being used it will appear as 503LX, 503L/1, 503L MT1, 503L WK1 or something similar.

It might be worth calling the tax office to check that your records are up to date and what code they believe your employer to be using - if it's different to what is actually being used, they can put it right for you.

lynn44

Thanks Hoddie,
just doubled checked my wage slip its says 503L 1
my employer are saying they have heard nothing from the tax office. I think its the useless company I work for....they couldnt organize P*** up in a brewery!!
As I said previous thread I have been on BR tax since March/April 06

Hoddie_2

So they are using the emergency code. This prevents you from receiving a repayment of any tax you may have overpaid earlier in the year, but also gives you some tax relief while any problems are sorted out.

Something's not quite right, if you've only worked for this one company since April 6th and the P46 was completed correctly, they should be using 503L and not 503L/1.

Did the P46 look like this one (http://www.hmrc.gov.uk/forms/p46.pdf) and if so what statement did you tick?

lynn44

Thanks Hoddie I ticked B
Ibut last month (oct wage) my tax code had changed to 503L 1
Tax office told me week half ago they have wrote to my employer, but they are denying any contact.

Hoddie_2

If you ticked B then your employer is correct to use 503L/1 until told otherwise by HMRC. If HMRC issued 503L a week and a half ago, it's just a matter of time now before it is used. It can take 2-3 weeks for the revised code to be received by your employer. With your employer's permission, you can always ask HMRC to fax the code to them (you'd need to provide the fax number for payroll when you call).