Daughter-in-law TUPED out 31/3/13

oldwiring

Her job with a local authority was out-soureced under TUPE on 31/3/13 and she received her last salary from the LA on 25/3/13 to cover the march calendar month. The first payment for 2013/14 was made on 25/4/13. It included an amount for TCP Lump Sum.

My son told me that no P45 was received, which I believe should have happened if the new employer was to include the transferees out in their EYR P60, nnor a P60 if they were to be included in the LA's P60. None was received form the new employer too.

Son and wife are concerned, as they are shortly to renegotiate a new mortgage fix.

May I have opinions from the genuinely knowledgeable here as towhat shpuld have happened and what they need do to sort out the muddle? Please!

jimmo

As you have had no other replies my understanding of TUPE is that your DIL’s employment is technically continuous so she should get a P60 from her employer in due course.
The P45 issue is a bit of a red herring because, legally, she has not moved from one employment to another. She is still in the same job, albeit with a new employer.
As it happens I haven’t received my P60 for 2013/14 yet. For me that is quite normal and I expect to receive it with my May payslip.
That is well within the rules but if your DIL is worried, a word with her pay department should set her mind at rest.

oldwiring

Thanks;), but the problem lies with 12/13, for which, according to your reply, the new employer would have been responsible.

Am I right on that?

getmore4less

jimmo wrote: »

As you have had no other replies my understanding of TUPE is that your DIL’s employment is technically continuous so she should get a P60 from her employer in due course.
The P45 issue is a bit of a red herring because, legally, she has not moved from one employment to another. She is still in the same job, albeit with a new employer.
As it happens I haven’t received my P60 for 2013/14 yet. For me that is quite normal and I expect to receive it with my May payslip.
That is well within the rules but if your DIL is worried, a word with her pay department should set her mind at rest.

The terms of the employment transfer the employer changes so there should have been a P45.

The new employer should have issued a 12-13 P60 by now, if they paid in that tax year.

anamenottaken

oldwiring wrote: »

Her job with a local authority was out-soureced under TUPE on 31/3/13 and she received her last salary from the LA on 25/3/13 to cover the march calendar month. The first payment for 2013/14 was made on 25/4/13. It included an amount for TCP Lump Sum.

My son told me that no P45 was received, which I believe should have happened if the new employer was to include the transferees out in their EYR P60, nnor a P60 if they were to be included in the LA's P60. None was received form the new employer too.

Son and wife are concerned, as they are shortly to renegotiate a new mortgage fix.

May I have opinions from the genuinely knowledgeable here as towhat shpuld have happened and what they need do to sort out the muddle? Please!

Do they have the final payslip (paid March 2013)? This would show the annual salary received that year.

Do they have the payslip for March 2014? This would show the annual salary received for 2013/14. The P60 for 2013/14 (so just their employment) is due to be issued next month (I think by the 15th but I haven't checked the exact date). So they may well have that soon too.

The previous employer was not required to issue a P60 as your DIL was not employed by them on 5 April 2013. But they should have issued a P45.

The new employer had not paid anything in the 2012/13 tax year and may not have received a P45. They would have been using their own March 2013 pay data as the final data to feed into P60 forms. So I can see why they may have missed issuing a P60 for that year.

oldwiring

AFAIK they are checking thoroughly to see what other documentation is held physically or on line.

oldwiring

All solved P45 issued. Thanks all!