what are the repurcussions employer is not paying my tax/NI

taxhelpneeded

hi looking for some advice, i post regularly on here but have made another id as i would like to keep this issue separate from my debt issues, anyway here goes and apologies if it turns out quite long

i have worked for my current employer since 2003, when i say current employer it is the same family but over the last few years the company has changed names a couple of times and i am assuming director/owner as one of the previous directors/owners was made bankrupt but still all within the same family.

Everything was fine for several years, wages paid into bank, payslips/p60's received. For the last couple of years wages have been paid in cash as firstly there was never enough money in there bank to pay them and then because they didn't have an account they could access but wage slips and p60's still being received albeit after a long delay from when i asked for them.

Despite recent requests over the last month or so no wage slips have been given to me, i usually ask around this time so i can get my final wage slip for when i need to reapply for tax credits (both child and working). I did receive my P60 for year ending 2010 but the last wage slips i have are for September 2010. I have taken advice from ACAS with regards to requesting the wage slips but i am looking for advice on what are the possible outcomes for me if he hasn't been paying tax with respect to no tax/NI being paid for me, i don't think i will have a job this time next month so what happens with regard to me claiming JSA until i get a new job, what will happen with respect to my tax credits claims if he hasn't paid tax and i only have wage slips covering up until september.

Any advice welcome ( i am also posting this on the benefits/tax credits board as unsure which board is the best place to put it)

Mikeyorks

If tax / NI is being correctly deducted from you - it is no responsibility of yours that it is not (you suspect) being paid across to HMRC. That's simply a matter between HMRC and the employer you have no control over.

But you do need your best endeavours to keep track that the net wages you're getting do reflect deductions. And estimate, in so far as you are able, what those are.

Also keep notes / correspondence showing the efforts you've made to obtain payslips. There will be no comeback on you re tax / NI deducted but not paid. But do keep as many records of your efforts as you can.

taxhelpneeded

thank you very much, i have all the wage slips/p60's given over my entire employment with the company/family, all weekly ones until a few years ago then when i managed to get them from them but obviously concerned that the last ones i have are from september last year.

organising a file now with all correspondence and letter going to employer requesting wage slips

thanks again

Pigletto

My mum worked for a company that went belly up and it was found that Tax and NI wasn't being paid for at least some of the staff including my mum. Fortunately she and others still had their payslips showing that the correct Tax and NI amounts had been deducted from their wages. It turned out the boss having deducted the money was then pocketing it rather than paying it to HMRC. HMRC then had to chase him for the money.

My mum had to sign on for awhile and the NI payments must have been showing as she was paid contribution based JSA.