Not getting payslips and concerned that NI etc not being paid by employer

BennyBoyd

Hi there,

Just looking for a little advice as I have been having a major headache lately, but have to be careful how I go about sorting it.

To give a little background info, I do a skilled manual job which is quite rare and there are really very, very few jobs around in the field. I have struggled for years trying to do this job on a self-employed basis, taking on various crap temp jobs when necessary to make ends meet. But I love what I do and decided not to give up....and just when I was at the end of my tether, at the end of last year I was offered a full time, reasonably well paid, local position doing what I love for a small business. Things are going great with my job, I love what I am doing, am financially comfortable and really get on well with my co-workers.

BUT!!!!

My boss is very very busy and can be disorganised. I was told during my interview that "as a small business we operate on a trust basis" etc etc. Nobody that works there gets payslips or has a contract. There are very lovely, trustworthy-seeming people - that I can't believe would be part of any underhand business - that have worked there for around 15 years, own houses etc...but none of them get these official things (payslips etc).

I do get paid the same amount every week, do the same hours every week, get paid hols etc (am definitely employed rather than self employed or anything)....and I do get paid into the bank now, but for the first few weeks was paid cash in hand like most of the other staff (who don't seem to question it). Because I am with an uncommon bank and was having to drive to the next city every Saturday to pay my money into the bank, I asked of I could be paid by BACS instead...to which my boss agreed without hesitation. The payments into my bank quite clearly state the company name and that it is pay.

For the first few weeks of being there I decided not to make a huge fuss over payslips, as the company uses an external accountant and he comes in only every few weeks.....but it it has become clear that I am not going to start getting them, and that nobody else does. Even when I was nearing the final stages of renting a flat (which in the end fell through for various reasons and didn't happen) and asking my boss repeatedly to start providing payslips as I would need them for evidence, he kept saying "yeah, no problem", " I'll get that sorted when I speak to the accountant" etc etc, he NEVER did it! I confided in another member of staff that this seemed unusual and was told"well....we dont get payslips here, we just dont get them, nobody does", as if I were being unreasonable!

I did give my boss my national insurance number when I first started and asked quite categorically "so you will be able to sort out my tax and ni now? Do I need to do anything else? No? OK", and have since been told verbally by my boss and other senior staff that I pay my tax by PAYE. But there is no proof of this......:mad:

I know people may be asking "Why dont you just tell him that you are legally entitled to payslips, threaten to contact various organisations, kick up a fuss, or even LEAVE if you are not happy?!", but you must understand the complexity of the situation for me. I have finally found a job that I love and am skilled at. Believe me I have had some terrible jobs and situations, have been stressed about money and have been very unhappy in the past. Now this job seems like the answer to my prayers, and I am told I am valuable to the company. I am even thinking about buying a house rather than renting as I am much better paid than ever before in my life. My boss is a very kind man, and is not tight with money...like I have said I am paid for days off, sick days, overtime etc etc without question. I dont believe him to be someone that would intentionally get me into any trouble with my national insurance contributions....but at the same time my partner, family and own mind tell me that this is a bit unusual.....

I have tried the softly softly, diplomatic approach, I have been patient...I have asked more forcefully for payslips under the guise of renting a flat....I don't want to start throwing the book at him, making threats of being forceful. I feel that if there are any other options to get this sorted I would like to try them first. 1 - to maintain relations in the small company that I work for (around 6 employees) and 2 - because I don't have a written contract (only verbal agreements).

I have considered ringing up the HMRC, and asking them if my NI has been paid through this company...but worry that it could get back to my employer and I would lose my job. I haven't been working there long enough to start thinking about "unfair dismissal" routes if he lets me go for rocking the boat.

I work really hard, pride myself on being honest and just want to continue in a job that I love whilst doing everything above board.

Any advice appreciated! Thanks.

Sambucus_Nigra

Call up HMRC and ask. You don't have to mention the employer's name and they aren't going to call anyone up and tell them you have been asking. At least then you will know.

Problem is - if they are taking the money and not paying it, and you don't have payslips to prove it - you will not get any jsa if you lose your job or are made redundant. You need to know for your own peace of mind. Once you do know, then make a decision about what to do next.

maninthestreet

You should be getting a P60D sometime in the next 2 or 3 months from your employer that lists the pay you have received in the last tax year, and the amounf of tax an NI deducted.

Savvy_Sue

If you ever see the accountant, I'd be tempted to casually ask if they know why payslips aren't being provided. I'm astonished that a professional involved in the business would not be ensuring that they were provided, tbh - assuming that they're expected to do the payroll calculations and not being fobbed off with assurances that the manager is doing them.

kayaitch

I agree with Savvy Sue. Someone is presumably doing your wages and deducting tax and NI and this person should produce the payslips at this time. The amounts deducted have to be paid over to the HMRC monthly or quarterly. If your boss is not deducting PAYE and NI he is breaking the law. I do understand that you love the job and don't want to jeopardise this but I would have a quiet word with the accountant.

BennyBoyd

Thanks everyone for your advice. The accountant is a semi retired person who just does a few hours a month for the company - I have seen him once in 4 months, he comes in very occasionally just to speak to my boss in a separate room, I wouldn't even know if he'd been in or not.....Also, it would definitely be passed back to my boss that I had gone behind his back if I ever did mention it to the accountant........I guess I'll try and do some kind of contributions check anonymously before I go any further......

kayaitch

As someone else has mentioned above, you should definitely get a P60 by the end of May at the latest so it might be worth waiting to see if that materialises. If not, have no hesitation in asking for it. Have you asked your colleagues if they get their P60 at the end of each tax year?

BennyBoyd

I asked a coworker today "When do we get our p60's?" and they replied "Ummm, soon I suppose". Which is promising. At least they didn't say "what's a p60?"!

If I call the NI helpline, do you think they will ask where I work to verify my identity? I can imagine them doing this, then when I ask my question it will become very clear to them what is going on, and some horrible investigation could happen and people might find out it was me!

This is very confusing

Thanks for your help.

BennyBoyd

...There is an online statement thing you can request (for ni) but you need things like your PAYE no etc, which of course I do not have .....god....

BennyBoyd

Oh - Savvy Sue - the accountant definitely does everything to do with tax and payroll, not the manager.

Another thing - the tax etc is definitely coming off my pay before I get it. I do not receive my gross pay into the bank......and after having been on the Salary Calculator website, I can see that the amount I receive into the back is roughly - but not exactly - the same as what it should be after deductions. Although what I receive is a suspiciously round figure and is exactly the same every week....it does not fluctuate by a penny or anything, like in previous jobs....

moneyuser

You MUST get your NI statement straightaway. Then you will know if there is a problem or not. I requested mine over the phone but you can do it online as well. I found out my NI is missing since 2006. The HMRC couldn't really care so don't worry about getting your employer in trouble.

If you have been there less than a year though I would be careful as if you kick up too much of a fuss then you will be probably be out the door.