Employer witholding P45.

doodoot

Hi guys.

In previous threads I've posted about mine and my DH's ex-boss playing silly !!!!!!s with our final wages - our tribunals are in January.

However, he's still not sent my DH his P45 - he sent mine 2 weeks ago.

He said that my DH was paid week to week and not a week in hand, hence why wouldn't give him his final week's pay.

So we're thinking he's witholding the P45 because the final wage amounts won't add up...and he'll be seen as the thieving **** he is.

Can we contact his accountant directly for it?

Will HMRC know what the final earned amount is for the tax year so far?

Thanks in advance.

Hammyman

He will have to declare it to HMRC and you can request the amount from them. You don't need a P45 for the next job - merely complete a P46 stating you didn't get a P45 from your previous employer.

doodoot

Thanks for that Hammyman.

He's going to call them tomorrow.

What's the best thing to do if they say that our ex-boss hasn't told them DH's final amount?

silverjay

It could be that HMRC won't receive final details of your OH's pay from the former employer until they submit their end of year returns next April/May. The employer should prepare and submit the P45 on payment of the final salary payment but HMRC rely on the employer to do this otherwise they remain unaware of any employment changes unless a P46 is submitted.

Should they receive a P46 they would request previous PAYE information from the former employer but if the employer ignores their request it becomes a waiting game until the employer fulfills the HMRC obligation to submit the P35/P14 details for people they employed in tax year 2011-12 by 19 May 2012.