Nightmare Employers, suspected fraud

nadirnwo

Hi guys!

My wife is working for an organization whose role is to support the long term unemployed find work. However, her employers the themselves seem to be behaving on the boundary of acceptable practise. After a few months she has come across:

1) Deductions for administrating Pay Slips. No permission sought to do so.
2) No employee reference number given or tax office notified so unable to claim back tax paid as below last years personal allowance. The organization has been operational for nearly two years but says that it hasnt heard back from HMRC yet.
3) On calling HMRC, they say they havnt received her P46 so have no details on her and cannot confirm that National Insurance is being paid and recorded.
4) Pay has not been processed on any of the due dates in the last 3 months and current months wages not given which were due on the 15th.

In regards to the tax related concerns, the HMRC said that they cannot help and that she should "pester" her employers to provide the information.

Does anyone have any suggestions on who to approach and take these concerns to? This organization is receiving both EU and DWP grants, yet their behaviour appears very suspect, atleast in terms of treatment of their employees.

A colleague of hers who recently informed the management that she was pregnant was told that she will not receive a permanent contract because she is pregnant, and they are not providing her with her tax office or employee reference number, so she has been unable to claim working tax benefit since starting her employment.

I would be grateful for any comment/suggestions! Cheers.

Dawning

Has she received a P60 for 2011-12?

anamenottaken

Dawning wrote: »

Has she received a P60 for 2011-12?

They have only until 31 May to provide this.

nadirnwo

No they have not provided a P60 either.

anamenottaken

nadirnwo wrote: »

Hi guys!

My wife is working for an organization whose role is to support the long term unemployed find work. However, her employers the themselves seem to be behaving on the boundary of acceptable practise. After a few months she has come across:

1) Deductions for administrating Pay Slips. No permission sought to do so.
2) No employee reference number given or tax office notified so unable to claim back tax paid as below last years personal allowance. The organization has been operational for nearly two years but says that it hasnt heard back from HMRC yet.
3) On calling HMRC, they say they havnt received her P46 so have no details on her and cannot confirm that National Insurance is being paid and recorded.
4) Pay has not been processed on any of the due dates in the last 3 months and current months wages not given which were due on the 15th.

In regards to the tax related concerns, the HMRC said that they cannot help and that she should "pester" her employers to provide the information.

Does anyone have any suggestions on who to approach and take these concerns to? This organization is receiving both EU and DWP grants, yet their behaviour appears very suspect, atleast in terms of treatment of their employees.

A colleague of hers who recently informed the management that she was pregnant was told that she will not receive a permanent contract because she is pregnant, and they are not providing her with her tax office or employee reference number, so she has been unable to claim working tax benefit since starting her employment.

I would be grateful for any comment/suggestions! Cheers.

Is she an employee of the organisation directly or is she being treated as self-employed? Are they suggesting they are acting as some kind of umbrella organisation? If she is their employee they have a legal duty to provide a payslip and should not try to charge for providing one.

What sort of role does she have? Advising clients?

Don't you want the employER reference number?

nadirnwo

They claim to be a separate legal entity. When asked if they were part of a larger organization, as there is also a recruitment organization that the managers have been involved with they have said that they are not, and that they have a separate identity. They say that she is directly employed by them.

They say they are a social enterprise, but they are not listed on the Charity's Commission. They are however a registered Private limited company on Companys House.

Her role is as a Programme Coordinator. She doesnt advise clients but works with liaising with DWP, Council's etc.

Sorry, I didnt get the question on Employer Reference number.

anamenottaken

nadirnwo wrote: »

They claim to be a separate legal entity. When asked if they were part of a larger organization, as there is also a recruitment organization that the managers have been involved with they have said that they are not, and that they have a separate identity. They say that she is directly employed by them. In that case they should be providing "free" payslips - unless they are making them available online so that your OH could obtain a soft copy.

They say they are a social enterprise, but they are not listed on the Charity's Commission. Social enterprises" are not charities, though some charities may have a social enterprise company. They are however a registered Private limited company on Companys House.

Her role is as a Programme Coordinator. She doesnt advise clients but works with liaising with DWP, Council's etc.

Sorry, I didnt get the question on Employer Reference number. You had written that they wouldn't provide an employEE reference number. There is no requirement for them to issue a staff reference number but the company should have an employERs reference.

Referring back to your original post - you say they are late paying. Is there a term in the written particulars of employment which says they will pay on the fifteenth of the month?

nadirnwo

Well HMRC is acting for an Employees Reference number which they say should be on the Pay Slip that is issued to her, which it is not. Her employers are not providing it and HMRC is saying if they are a legitimate company they should provide it to you without a hastle. She and her colleagues have asked for it and they are not providing it. They dont have an Employers Reference either.

What is also worrying is that HMRC is saying that they have not received any information on her from her employers, and have not recorded any NI payments.

Yes, the contract stipulates payments to be made on the 15th of each month.

Thanks!!

laura243

This happened with an employer my partner was with, just weeks later it went t*ts up, he was told at 3pm the Hotel was closing and he had been preparing food for the evening rush, his boss not letting on all day.They were told to close the place immediately and they had no jobs, their tax hadn't been paid for months and their employer was to be made bankrupt, as the tax hadn't been paid none of them were entitled to benefits, start and ask the employer/HMRC some serious questions now.I really hope this does not happen to your wife but it I could of written those words myself a few years ago, I would strongly advise she starts applying for other jobs although like I say it may not be the same situation it just sounds very similar!!

nadirnwo

@Laura: Thank you. I hope it isnt but I think it just means that will have to push them more to give information and details.

I am just surprised that such an organization that receives both UK and EU funds can have such problems.

princessdon

i am totally bobsmacked that a company who recieves public funding can behave this way!

Good luck with it all and I hope it all ends well and they get a huge kicking for not submitting details!