Employer Trying to not give me a P45

clueless86

Hi there, first time poster so I apologise if this has already been asked.

I am starting a new job on the 2nd of April 2012. Spoken to my current employer who said that I can start then. All ok'd with my new employer who reminded me to get my p45. When I asked for it my current employer got a little bit funny with me. Asked me to write him a letter saying that I will no longer be working for the company from the 5th April and that I am taking Annual leave from 31st March until 5th April 2012.

He also said that my P45 would be irrelivent due to the new tax year, which I spose I can understand. But im worried that there will be a three day period between 2nd April and 5th April where I will be working for my new employer but will still be on the pay roll with my old employer... Which I doubt I will get paid for.

Also not sure if this is anything to do with my post but it may help. I recieved a letter from HMRC saying I had a £202 underpayment of tax. Which is total rubbish as ive always had it deducted (but no wage slips to prove it) from my pay. The amount it said I had earnt for that tax year was no what I actually earnt. It said I had earnt £10,000 which is approx £5000 less than what i actually did earn. He said he is "sorting it".

Would he be trying to withhold my P45 as then he would have to show my new employer that he has fiddled with my PAYE?

Any advice would be great.

McKneff

I wouldnt worry too much about your P45.

When you start your new job, just tell your new employer that it has not been sent to you yet and fill in a P46 which your new employer should have, if not they can download and print it off.

As for the rest of it, sorry, cant belp but Im sure fold will be along to help sometime today.

Congratulations on your new job, by the way

clueless86

McKneff,

Thanks for your reply and congratulations on the new job

So it shouldn't effect me then. Great. Ive printed of a P46 in readiness just in case.

Any more thoughts from anyone would be great.

mountainofdebt

I'm wondering if he's trying to save himself a job and will give you a P60 instead of a P45 .....gives you the same info but this way he doesn't have to prepare a P45 as well as a P60 that he would also have to do for HMRC anyway

Firefox1975

Check your P60 from the previous Tax year. This is what they will be basing the £202 underpayment on. (or possibly the few previous Tax Years)

which document are you using that states you earned £15,000 ? was it your final payslip from that Tax Year?

macalacka

You do need a P45 regardless of when you leave. If you haven't had a payslip either I would report your employer to HMRC, sounds like he is avoiding paying employers NI amongst other things!

LadyMissA

They are breaking the law if they do not issue a P45 and payslips. What is your last working date? The p45 needs to show this date not the last day of the tax year if you are starting a new job on April 2nd

clueless86

There was a period of approx 18 months where none of the staff were receiving payslips or P60. (some of the ladies found it hard to keep their benefits ie tax credits because he wouldnt supply one). This would be the 2nd year of no P60. However we have been recieving payslips since august 2011.
Firefox, I work on a basic and commission based job. So I can work out my gross earnings. Although I have no written proof from my employer (p60/wage slips for that year, which was 2010/2011 tax year).
LadyMiss, my last working day here is Saturday and Starting my new job Monday.

LadyMissA

clueless86 wrote: »

There was a period of approx 18 months where none of the staff were receiving payslips or P60. (some of the ladies found it hard to keep their benefits ie tax credits because he wouldnt supply one). This would be the 2nd year of no P60. However we have been recieving payslips since august 2011.
Firefox, I work on a basic and commission based job. So I can work out my gross earnings. Although I have no written proof from my employer (p60/wage slips for that year, which was 2010/2011 tax year).
LadyMiss, my last working day here is Saturday and Starting my new job Monday.

so why do you say this 'Asked me to write him a letter saying that I will no longer be working for the company from the 5th April and that I am taking Annual leave from 31st March until 5th April 2012. '

Why would your boss want you to lie about your last day there? To fall in with the year end maybe?

clueless86

I really don't know... I was hoping I would find out from someone on here. To me it sounds like he has fiddled with my wages and trying to avoid giving me my p45..

Savvy_Sue

It is normal to give notice in writing that you are leaving a job ... and it isn't unusual for there to be a gap between leaving and receiving your P45.

However, in any notice letter I've ever given, I've always set out what my last working day will be, and how much paid leave I'm entitled to in relation to that. Do you have any leave you should be being paid for?