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

moneyuser

BennyBoyd wrote: »

Well, I called the NI helpline and the news is............

They were totally and utterly unhelpful.

He asked me what my enquiry was and I briefly explained it. He then said "unfortunately we wont have that information untill well after the end of the tax year". I asked if he could take my Ni number and just have a look at what info is on my file, and he said no as there wouldn't be any point! He said that my employer will deduct my tax every week, store it up and then pay it at the end of the tax year, and that I need to wait either for my p60 OR until at least August to call back the helpline and ask them to check my file I asked if he could at least make a note on my file that I had flagged this up and tried to rectify any problems with my payments but was not offered any help at this time, and he said no...they do not have the facility to add notes to anybody's file. I then asked...can you at least tell me whether or not I would be liable to make up the payments if there has been a shortfall, and he said the employer would be liable....but I got the distinct impression he wasnt really interested and might just have been saying anything to get rid of me.

Oh dear, oh dear....:mad:

Glad you came back with an update. Most first timers post and run

I have always found HMRC to at least understand my query (even though they can't do anything about it!) so I'm surprised you got someone unhelpful.

You can request a NI statement with the following link.

http://www.hmrc.gov.uk/ni/intro/online-statement.htm


Edit: Sorry forgot you have been there less than a year. In that case then they are right. Not much you can do. You'll have to wait for a P60 from employer. Think they have until 31st May. However, these deadlines mean nothing because HMRC don't seem to care if the employer is breaking the law by not providing necessary documentation to employees

toby40

I cannot believe I have just read this post, I am in the exact same position except I've been with my employer for two years and I'm the only employee. I have taken lots of advice on this and this seems to be the most common

1. This is the employers duty and 9 times out of 10 when this gets discovered i.e either we move on to a different job, one that has a proper payroll hmrc will contact us and then chase the employer for the unpaid tax and or NI
2. Here is the sticky bit, the above will happen if it's a clear cut case as in the employee will have payslips to prove they believed the employer was sending the money across.
3. So in your and mine situation (no payslips, contract etc) hmrc have to make the decision as to who is lying us or them

I am in the process of getting my employer to sign a standard work contract in which it states they are obliged to pay across my tax and NI. This is my first step towards backing myself up as I know payslips are not forthcoming. I worry myself to death over this, I too love my job and my employer but I can't help being concerned yet do not want to rock the boat. What is worse is my lot could potentially go bust in a couple of weeks, and an ex HRMC worker told me that if I report them it will go in my favour if (which is likely) it is discovered that the money hasn't been sent across. I think we both need to face that as much as we love or trust them something dodgy is going on. The question is once faced with HMRC will they pay up or turn round and say we were self-employed? I still don't really know what else to do I may follow you and ask for an NI statement but deep down I know nothing will have paid in the last two years so my real only option is to back myself up and wait for the storm and hope they believe me or basically report them now and hope that will ensure I don't get blamed? Any other ideas welcomed!

toby40

Sorry I also forgot to add that apparently you also need to be able to prove that you actively tried to find out about why your not receiving payslips and p60's. So you need to have a letter written up asking these questions and submit it to your employer and also have a copy yourself. Again not exactly the line I would like to go down as let's face it the 10hour day working soley with the boss would get very uncomfortable after sending that, in fact I know I would just be let go. What is also bad is the fact that if my boss goes bust I can't even claim jobseekers as I know my contributions won't be paid up! Benny I don't know if you work full time I do, so not only am I worried about being landed with a contributions bill (£300) or so I'm worried about a major tax bill of a couple of grand. I know I appear completely stupid accepting all this and only realising this in the last couple of weeks but I honestly believed and trusted this person, I'm only there now as I'm too scared to leave.

BennyBoyd

HI everyone, thanks for all your replies! I have been away for a few days so haven't been online but really do appreciate your continued help. I called the NI helpline, and will try this number again to see if speaking to someone else makes any difference.

If I call the tax evasion hotline what would happen, does anybody know?

Also, an update - my partner and I have seen a house that we want to buy, and have the deposit. I have used the mortgage application as a way to really push the fact that I need payslips and am still continually palmed off. "Oh the accountant should be dropping them off", "Oh the accountant has let me down today, I will get in touch with him for you tomorrow" etc etc (all this has happened in the last couple of days, and it got to Friday and 5pm and still no sign of them. I tried to contact my boss about it this evening to discuss the issue and he is not answering or replying to texts!!). He knows I am going into the building soc tomorrow to hand in my forms and evidence, and that the payslips are the only thing missing. I am going to phone him first thing tomorrow and be more forceful on the matter eg " I am just about to go to the building soc and hand in details of my job and salary, the mortgage entails fees and I need to know that the payslips will follow asap before I submit this application, this is getting very serious now" etc etc. Getting more and more firm as time passes.....

In reply to KiKi and Jfh7gwa: No I could not continue to work for someone who is lying to my face, and willing to comprimise my life (no NI and no payslips to even apply for a mortgage) for the medium to long term. I will stay there until I get something else, and unless he pulls his finger out regarding payslips for the mortgage in the next week or so, I will know for sure that I've been taken for a ride and will start looking elsewhere. I can't afford to just walk out and be unemployed. so will have to build a life raft first. Even if it's just a part time job for a while.

Any further help or support greatly appreciated. This is really putting a lot of strain on me at the moment, but I am trying to handle it diplomatically......

toby40

I also checked this out, basically if you phone them an investigation will begin and they will know someone has contacted HRMC, they will also know its an employee due to the fact that HRMC cannot promise confidentialty. It may be ok in your case as you are one of a small group of employees but I am the only employee so it's a no go for me. Since my last post I have spoken to another HMRC employee who confirmed the advice above, which again brings me back to my own position of getting that contract signed to prove im not self employed. If your not going to leave immediately then start gathering evidence to prove you were "employed" rather than "self-employed" and if they chase you hand over your evidence and they will go after them.

sammyjammy

Your pay should go up for the month of April (assuming you get paid monthly) due to the increase in the Personal allowance, be interesting to see if this happens.

BennyBoyd

Just to give a quick update on my situation - I did phone the HMRC and they said they could not confirm whether or not my NI is being paid until August this year!

I did get the 3 payslips I need for the mortgage (after a LOT of nagging), which show the tax code etc, I handed these in and they were accepted. I have not received any further payslips since these three however, despite asking to get one every week.

I noticed that the payslips have a "cumulative pay" section on them. My cumulative gross pay should be around £9,500 since I started working there, so that is the figure I expected to see.....However, on the first of the three slips it said "£380", then the second £760, the third £1140.....So it was as if the cumulative pay only started counting from zero three weeks ago, when the first payslip is dated from!

Also, I got the payslips late in the afternoon, and on the morning of that same day my employer asked me for my NI number as he had lost it....he was clearly just asking for it that morning to put the payslips together during the day.....so surely all of this proves that he 1) was not paying my tax up until I forced the payslips out of him. How could he have been, having lost my NI number? ... 2)He is possibly only going to pay the three weeks covered by the payslips, then stop?

To thicken the plot...I also had to ask for an official letter on headed paper, to give to the building society, stating my position, start date, GROSS salary, that I am EMPLOYED full time and on a permanent basis with no probationary period. This was supplied no problem, the same day (?!) and I took a copy of it to keep for my records.

I also asked when I should be getting my p60 to see what reply I got (I do know it is 31st May at the latest). I also require a p60 for the mortgage, and everyone else I know has one by now....parents, boyfriend etc. Here is the answer I got "Uhh, Im not sure when we get them... i think the accountant has already given them out this year.....but I can't remember when. But I think p60's are from the previous year (meaning 2010-2011) so you weren't working here then anyway. Let me speak to the accountant and check". I know for a fact that you get a p60 for the tax year just ended (2011-2012), and I should have been on his books since the end of Dec 2011. I will wait till the end of May for it, but I suspect I am not going to get one...ever...then what do I do?

What are others' opinions on what is actually going on here?

What would you do next (considering you have just bought a house)!

Many thanks to those of you still interested in this thread!

toby40

I think it's definately dodgy, just keep hold of that letter and if HRMC come back at a later date looking for the missed payments you can prove you were not self-employed therefore not responsible. My situation still remains the same

mollyfuzz

Hi
I'm needing a little advice. My employer changed the way I was getting paid last year from receiving all my wages with my payslip to only receiving £70 a week with it and having to request the rest from the owner and was told he was updating payroll. On recently questioning it I was told that I requested to be both employed and self-employed, something I did not. The self employed side they said was for the use of equipment I own.The use of the equipment though was a small part of my job, the max of 12 hours a week but more usually 6 to 7 during an over 40 hour weeks work. I have my employers reasoning for this in writing so have the evidence for what they've said. I also have proof of most of the work I have done as well.

I've been told by a number of people that you can not be both employed and self employed for the same company in the same or similar role. Does anyone know more about this?

I have been in this situation for over 12 months now which I would of thought that my employer would have to take me on as employee and start paying my PAYE?

toby40

Hi BennyBoyd any updates? I am now seeking a morgage myself I have been told by the boss they will provide me with a "statement of earnings". I'm going to speak with a morgage advisor tomorrow but know I'll need the documents. I'm glad tho as this will finally bring it to a conclusion. At least I will have more evidence to back me up if I get this "statement of earnings"