Previous employer refusing P45 and wage slip and says I was not employed

diddy1

I started a new admin job second week of may, worked 10 days, then got flu and was off a week.
I get emailed end may saying I am no longer required due to the working conditions in her home office.

I was not given a contract, was refused statutory sick pay too.

I did however get paid for the hours I worked but have not been given a wage slip even though I asked many times.

Also I have asked many times for my P45 and eventually got this reply:

The payment was for hours & expenses and therefore it would be under the tax thresholds. As She was working on a part-time basis and paid by the hour without a contract, she was not employed and therefore she does not need a P45.



This can not be right surely?!
My mother days I should report her, but I have looked on the hmrc website and do not know what number to call!

scheming_gypsy

To be honest it sounds she can't be bothered with the paperwork to put you on the books and then take you off again.. whilst paying somebody to produce your wages and pay slips and then to get your P45. Personally i'd just take the money and look for another job, but plenty of people will say she's ripping off the taxman, should be reported and sent to prison etc etc.

diddy1

Yea, though she already has an accountant who apparently did all that for her.

I didn't earn enough to pay tax luckily, but if she's done this to me she will do it to the next person.

I had to chase her to actually pay me though!

Oh I do have a new job luckily, i start next week. Which is why I need the P45

scheming_gypsy

She might not have done anything with the one you gave her if she's not put you on the books... so technically you could submit that one, or a P46 if it comes to it.

diddy1

She posted the P45 I gave her back to me! Lol

But kept my doctor sick notes even though she refused statutory sick pay! Lol strange person!

Savvy_Sue

diddy1 wrote: »

This can not be right surely?

Actually, it may be: how much did you actually earn (gross)?

I don't know what the regs and limits are, but there is provision for small and very short term periods of employment.

You should have had a payslip.

And if SSP wasn't paid, then you should have been given a reason. Again, there may have been a valid reason for NOT paying it - you can probably check this out on the HMRC site.

diddy1

Was just told that I wouldn't get ssp cos I didn't sign a contract so it's not their responsibility.

anamenottaken

diddy1 wrote: »

Was just told that I wouldn't get ssp cos I didn't sign a contract so it's not their responsibility.

There is no requirement in law for you to sign a contract in order for you to be an employee. That cannot be a reason for them to justify not paying you SSP.

Uncertain

If you want to you could stir up a fair amount of trouble for this person with HMRC etc. I would think she will struggle to persuade them that you were not an employee.

As far as I can see your only personal gain may be some SSP, assuming you were off sick for more than three days and can show that you were earning enough to qualify.

It is really a case of how principled you feel and whether you can be bothered.

Emplawyer

anamenottaken wrote: »

There is no requirement in law for you to sign a contract in order for you to be an employee. That cannot be a reason for them to justify not paying you SSP.

This is correct. If you had an agreement that you would provide certain work for certain wages during certain hours, then you had a contract of employment. In theory, if you did earn over the tax threshold by the end of the year you could be underpaying tax if these earnings aren't taken into account.

So for your own benmefit, I would seek advice as to what to do from HMRC - just ring the general enquiries number on the website and they'll direct you to the corect office - 0845 300 0627.

That will have the added benefit of innocently alerting them to this employer's business and they will do the rest.

heretolearn_2

There is an earnings limit though for SSP, if you weren't earning enough to pay tax and NI you MAY have been under the limit for SSP as well.

to be honest I'd just let it go and move on. You can do a P46 in your new job, you don't need the P45.