incorrect D.O.B. on P60

silverjay

As far as the P60 and HMRC are concerned the most important thing is that the National Insurance number is correct. Everything revolves around the NI no. for tracking an individual through the PAYE and NI contributions records.

Usually when contacting HMRC they ask for your NI no. not your birthdate or address.

no-oneknowsme

silverjay wrote: »

As far as the P60 and HMRC are concerned the most important thing is that the National Insurance number is correct. Everything revolves around the NI no. for tracking an individual through the PAYE and NI contributions records.

Usually when contacting HMRC they ask for your NI no. not your birthdate or address.

This isnt an HMRC problem though.

As per my OP , the problem lays with the fact that my Daughters employer has her date of birth as 3 years older than she actually is and so she has been receiving the rate of pay for a 20 year old when infact she is only 17.

All other details (which HMRC would work from eg National insurance number etc) are correct.

no-oneknowsme

jimmo wrote: »

Well said.
It would be nice to think that if the employer has been overpaying your daughter and it is their mistake they would let her keep the money overpaid and do no more than pay the correct amount in the future.
That would be the morally correct thing to do. However I believe they have the legal right to seek to recover the money from her.
Do you recall the story about 2 weeks ago about ASDA selling petrol at12.99 pence per litre instead of £1.29.9?
ASDA apparently didn't try to recover their losses but the "legal eagles" on the forum claimed they couldn't because the buyers actually bought at the advertised price.
https://forums.moneysavingexpert.com/discussion/3147826
Contrast that with a cash machine that gives you £200 when you only asked for £20. Would the banking system let you keep the £180? I don't think so.

Thanks Jimmo. I do remember reading that thread.

If we need to pay the money back to the employer then we will. I just hope they accept installments though .

jimmo

I really feel sorry for your daughter that she is in imminent danger of suffering a wages cut but we know she has to do the right thing and take it on the chin.
That may be bad enough but the lack of clarity from the employer about what her wages should be is really worrying.
As long as you and your daughter remember that it seems very likely that the employer has a legal right to recover any overpayments of wages I think the only hope is to appeal to the employer on moral grounds.
In tactical terms whether you do it as an aggrieved parent looking after your daughter's interests, or your daughter does it as a naive teenager who has been stitched up by the employer's incompetence is open to doubt but, either way, whoever speaks to the employer needs to be well prepared and understand the legal weakness but the moral strength of their argument

no-oneknowsme

Thanks Jimmo - I agree that a cut in wages is on the cards and quite rightly so as we wouldnt expect the employer to continue paying an inflated rate once the mistake has been discovered and rectified.

The overpayment accumulated so far is another matter though . I hold opinion that as it was the employers fault they should accept that the mistake was theirs and write off the overpayment.

I do understand though that they have the legal right to reclaim the amount which has been overpaid.

As you say , the outcome will be at the employers discretion.....

Its hard to say which one of us will be best placed to telephone the employer though....as a 17 year old im not sure my Daughter would know what to say although I do agree that it would be best to allow her to do it for herself to give her experience of this type of thing for future use.

Maybe we will call them tomorrow and have the call on loudspeaker with me listening in and giving guidance if need be.

Either way , the matter needs sorted!

We will make the call tomorrow and post the outcome.

Thanks to everyone who has taken the time to offer advice.

silverjay

no-oneknowsme wrote: »

This isnt an HMRC problem though.

As per my OP , the problem lays with the fact that my Daughters employer has her date of birth as 3 years older than she actually is and so she has been receiving the rate of pay for a 20 year old when infact she is only 17.

All other details (which HMRC would work from eg National insurance number etc) are correct.

In your OP you were asking if you should ring HMRC to inform them of the incorrect date, if I am reading it correctly.

From then it seems to have snowballed into many different areas.

anamenottaken

Have I missed the statement that wage rates in the job are directly age-related? I see there's an assumption but is that the case?

Personally I feel that if she has been worth the rate they have been paying so far, why should she suddenly be worth less?

If they advertised the wage rates with ages, then perhaps they could suggest repayment (over time) but if they simply advertised a payscale without mentioning age, then I see absolutely no justification for a future wage cut nor repayment of the assumed "over payment".

no-oneknowsme

silverjay wrote: »

In your OP you were asking if you should ring HMRC to inform them of the incorrect date, if I am reading it correctly.

From then it seems to have snowballed into many different areas.

Yes.....because I didnt know who actually PRINTS the P60..the employer or HMRC!

I was trying to find out WHO actually printed the incorrect date of birth on the P60.

no-oneknowsme

anamenottaken wrote: »

Have I missed the statement that wage rates in the job are directly age-related? I see there's an assumption but is that the case?

Personally I feel that if she has been worth the rate they have been paying so far, why should she suddenly be worth less?

If they advertised the wage rates with ages, then perhaps they could suggest repayment (over time) but if they simply advertised a payscale without mentioning age, then I see absolutely no justification for a future wage cut nor repayment of the assumed "over payment".

National minimum wage ?

Also , if you re-read my previous posts you will see that I stated that the rates of pay were never discussed or put down in writing.

glider3560

no-oneknowsme wrote: »

Also , if you re-read my previous posts you will see that I stated that the rates of pay were never discussed or put down in writing.

In which case, I cannot see the employer having any case for claiming they overpaid your daughter.

In fact, I would say they have as much a case for claiming overpayment as your daughter would have if she was claiming underpayment (i.e. none).