P45 Question

fairmorn308

I previously left the company i was working for and only got my P45 4 weeks later but the problem is am sure the company are upto something

The date of leaving on the P45 is 31/12/06 and i never left until 03/01/07

now can you tell me why you think they have done this?

whatatwit

Are the pay and tax details correct?

fairmorn308

Thats the thing i dont know unless i go thru all my pay slips.

cause my pay rate changed 3 times in a yr and then we got a pay rise and then got back dated etc.. all to complcated for me.

Mikeyorks

fairmorn308 wrote:

The date of leaving on the P45 is 31/12/06 and i never left until 03/01/07

now can you tell me why you think they have done this?

That's a difference of just 2 days ... both of which are Bank Holidays in your part of the world?? (OK strictly the 2nd Jan no longer is .. but you treat it that way still).

So - mistake on your part / mistake on their part / misunderstanding about the precise date over the New Year period? Does it make a difference - as your final payslip presumably covered the money you consider you were entitled to (as you don't mention it)?

Why are they 'up to something'!

whatatwit

fairmorn308 wrote:

Thats the thing i dont know unless i go thru all my pay slips.

cause my pay rate changed 3 times in a yr and then we got a pay rise and then got back dated etc.. all to complcated for me.

Does it not show pay and tax to date on your last payslip?

What date did you start a new job on, and what exactly do you think the company has to gain by changing the date by a couple of days when bank holidays are involved?

fairmorn308

reason i asked is cause they never got the letter to say am leaving until the 4th jan.

Reason i think there upto something cause i refused to pay back my training courses and expenses total of £1700.

I dont no how the tax system works thats why i ask but how can they put my leaving date back from what it is tho?

i started my new job on the 3rd jan.

PIppa

It could be because you're paid at the end of the month (my assumption) and the leaving date would take them into the next month for payroll processing purposes.

As long as your pay and tax to date are correct you don't need to worry.

When you get paid by your new company see if the net pay seems accurate. If not ask if the payroll department can manually work your salary on a month 1 basis (for your purpose only) and see what the difference is.

You can always get in touch with the tax office after this if you still think there is a problem. I would do this as an absolute last resort though!

interest_Ted

Fairmorn308

What day did you last actually work ? You say you left on the 3rd. Did you actually attend work that day and leave at the end of the day/shift or was that the first day in your book that you no longer worked for the company ?

If you did not work on the 3rd, did you work on the 2nd ? If not, then why not ?

Was your employment terminated by your employer, or did you resign. What date was the notice given and how much notice are you entitled to receive / give under the terms of the contract ? Did you perhaps receive pay in lieu of notice ?

Does your contract specifically state that you must work on your last day ? (It might state that your last day worked will be treated as your date of termination).

Answers to these questions could help you decide whether the company has done the right thing. I have actually seen more than one company underpay terminating employees where Bank Holiday pay is due. Usually out of ignorance and 'easy way out' (monthly paid employees are then gone at the end of the month instead of hanging over into the next payroll month) rather than trying to actually 'diddle' the employee.

One last thing - once an employer has issued a P45 - they must not re-issue it - even if it is wrong. If there is no discrepancy in the actual pay but they have tidied everything up in december for convenience, then I suggest you write to them to state for the record that you left on the 3rd Jan and not on 31st Dec, and ask them to confirm this fact by signing the copy letter and returning it to you.

It doesn't matter if you never get a reply, as long as you keep your copy, just in case of any questions further down the road. (unlikely). I don't think you could sue them for an incorrect date, but if they failed to pay you the right money, they would be acting illegally by witholding your pay.

Ted

interest_Ted

fairmorn308 wrote:

reason i asked is cause they never got the letter to say am leaving until the 4th jan.

Reason i think there upto something cause i refused to pay back my training courses and expenses total of £1700.

I dont no how the tax system works thats why i ask but how can they put my leaving date back from what it is tho?

i started my new job on the 3rd jan.

It sounds to me like you may have been contracted to give notice, and didn't. Therefore you broke the contract and they would be entitled to treat you as having left on your last day worked, or if this was earlier in December, they may have chosen to make it 31/12 to fit with their payroll system.

If you were contracted to pay back their training expenses in the event of you leaving, then they have legal right on their side. They would need to be reasonable and might seek to reach an agreement for repayment over -x- months.

Ted

fairmorn308

i work offshore so work 2 weeks on 2 weeks off

my last working day was in middle of december

i just thought they might be upto something anyway due to the fact they tryed to claim back £1700 for my training or they will take me to court. but it will get thrown out of court cause the odds are stacked againest them

whatatwit

What was the date then that you were actually due back at work?

Also, if you started a new job on 3rd Jan, then wasn't your leaving date 2nd Jan?