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estoppel and salary overpayment
Comments
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the accounts department investigated and expressly confirmed that the money was a tax rebate and there was nothing to worry about...after calling again recently the council have this phonecall and my mother being told the money was a tax rebate on record..i will be sure to have it in writing soon.
my mother started working in the job around 9 months ago and the inputting of the p45 would be the one from her previous employer...which the said accounts department entered into their system incorrectly and issued a tax rebate which im pretty sure once they went to claim back from the inland revenue in march before the tax year ended they were told they had made a mistake and no rebate was in order....so the council had handed out a £1000 of their own money and now they want to recoup their erroneously handed out rebate.
i can make copies of the payslips and letters from them and put them up for you to see if its helpful
This is not how it works, HMRC would not be advised of the rebate, nor would the employer claim it back from them. HMRC will just get total gross and tax paid figures when these are finally sent proberbly around May time. The mistake would have been spotted by the employer.
If you want to know details of the mistake you need to give the P45 figures, tax code, gross and tax paid, along with full details from payslips up to the one when the £1000 refund was made. All figures from the payslip would be needed including cumulative figures like taxable gross to date tax paid to date and anything like previous grss and previous tax. It is these figures that will show what happened.0 -
You have correctly understood the principles of estoppel. This does sound like a classic case as there was a very clear assurance by the employer that the deduction was for unpaid tax. The main issue is whether you can prove the phone call.
There is only one thing which gives me cause for concern. If your mum is getting paid £5k a year she should not be paying any tax at all. The employer may argue that she has never paid £1k tax so how could she think it was a rebate. If you can prove the phone call this shouldn't be a strong argument though as your mother did call them to check.0 -
no offense I seek educated opinions only
I do take offense at that.
Firstly, you don't have to be a lawyer to have an educated opinion.
Secondly, you've posted on a free forum, seeking free advice, from anonymous people - with no way of knowing which of us (if any of us) knows anything at all about the subject matter.
If you want advice you can rely on - by which I mean advice from somebody you can sue if they get it wrong - you need to pay for it.
I'm out on this one!0 -
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steampowered wrote: »You have correctly understood the principles of estoppel. This does sound like a classic case as there was a very clear assurance by the employer that the deduction was for unpaid tax. The main issue is whether you can prove the phone call.
There is only one thing which gives me cause for concern. If your mum is getting paid £5k a year she should not be paying any tax at all. The employer may argue that she has never paid £1k tax so how could she think it was a rebate. If you can prove the phone call this shouldn't be a strong argument though as your mother did call them to check.
thankyou
the phonecall is on record an should be easy to prove...the tax was said to have been from the previous job (which the p45 was from) in which my mother had been over paying tax so that did seem plausible at the time.
i will set about obtaining proof of the phonecall soon as.
thanks again0 -
..Thankyou ..:AI do take offense at that.
Firstly, you don't have to be a lawyer to have an educated opinion.
Secondly, you've posted on a free forum, seeking free advice, from anonymous people - with no way of knowing which of us (if any of us) knows anything at all about the subject matter.
If you want advice you can rely on - by which I mean advice from somebody you can sue if they get it wrong - you need to pay for it.
I'm out on this one!0 -
Takeaway_Addict wrote: »Very rude! If you want to be 100% then you need to see a professional
..Thankyou..:A0 -
This is not how it works, HMRC would not be advised of the rebate, nor would the employer claim it back from them. HMRC will just get total gross and tax paid figures when these are finally sent proberbly around May time. The mistake would have been spotted by the employer.
If you want to know details of the mistake you need to give the P45 figures, tax code, gross and tax paid, along with full details from payslips up to the one when the £1000 refund was made. All figures from the payslip would be needed including cumulative figures like taxable gross to date tax paid to date and anything like previous grss and previous tax. It is these figures that will show what happened.
okay that makes sense..although it would be interesting to know how the accounts came to make their mistake it isn't one i'm looking to investigate, they have admitted fault on that atleast
so i just want to find an easier way forwards.
thank you0
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