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Boss holding back P45! Surely hes not allowed?

If anyone saw my post in the 'Loans' section they would know this but breifly il explain......

My ex-boss borrowed me £2500 for a car, he started treratng me like a negro slave in the 50's so i quit still owing him £2000. We are currently negotiating terms on me paying him back the money but in the mean time i have got a new job and the ex-boss refuses to give me my P45, is he allowed to do that? Is there any legal jargon i can throw at him to make him give me my P45?!

Cheers in advance
If there is a possibility of several things going wrong, the one that will cause the most damage will be the one to go wrong.

If at first you don't succeed, destroy all evidence that you tried.

Comments

  • cazziebo
    cazziebo Posts: 3,209 Forumite
    shouldn't matter too much. Many companies are slow with P45s and your new employer will accept that. ask them for a P46 form which will put you onto the single person's tax (I know that's the old term but it's not basic rate, but doesn't give any allowances). HMRC will adjust your tax once they have sorted your file.
  • Bean_Counter
    Bean_Counter Posts: 1,496 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Yes, ask new employer for a P60. You fill in the first part and the new employer the second. You will probably want to tick box B in the bottom left hand corner to be put on a week 1 / month 1 tax code (I think this is what cazziebo referred to above.)

    It is reasonably common for P45s to be late. On the bright side, since we are at the end of the tax year, old employer will need to file all relevant info with HMRC by 19 May anyway. HMRC can sort out any tax then.

    Make sure new employer gets your tax code for 2007 / 08. May be worth a call to tax office to issue one.
    Today is the first day of the rest of your life
  • SonniC55
    SonniC55 Posts: 35 Forumite
    Stig

    You were entitled to receive a P45 on your final day of work and your previous employer has NO right to withhold this from you.

    But since were in the start of the new tax year your current employer will automatically update your previous week1 code to culm. so it will make no difference to your current tax.

    I trust your previous employer drew up a contract covering the loan which both parties signed, if not you would be able to walk away!
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