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Cash in hand - no pay slips

Henrylad
Posts: 3 Newbie
Hey guys,
Made an account because I'm in a pretty desperate situation and don't know who to talk to about this. For the past couple of years I've been working as a chef, 16 hours a week. For the first year I was only on £5 an hour which I believe is just short of the minimum wage. After that I complained so they put me up to 6 an hour, asked for my NI number and insisted I'd be paid on the books. Long story short, they never did and I ended up leaving a couple weeks ago and there's a good chance of getting a legit job now but I know they're going to ask for a p45 which I won't be able to provide.
I want to call HMRC and just pay up whatever I owe but without payslips I won't be able to prove how much I'm earning and I'm now panicking in case I get myself into some serious trouble. What the heck do I do???
Made an account because I'm in a pretty desperate situation and don't know who to talk to about this. For the past couple of years I've been working as a chef, 16 hours a week. For the first year I was only on £5 an hour which I believe is just short of the minimum wage. After that I complained so they put me up to 6 an hour, asked for my NI number and insisted I'd be paid on the books. Long story short, they never did and I ended up leaving a couple weeks ago and there's a good chance of getting a legit job now but I know they're going to ask for a p45 which I won't be able to provide.
I want to call HMRC and just pay up whatever I owe but without payslips I won't be able to prove how much I'm earning and I'm now panicking in case I get myself into some serious trouble. What the heck do I do???
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Comments
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16 hrs x £5/h = £80 per week. If you worked 50 weeks per year that is £4000. At £6 p/h it is £4800. Both are below the lower earnings limit so no income tax payable anyway. Same goes for National Insurance contributions.
I don't know what ramifications there would be for failing to declare the income (taxable or not) with HMRC, but no doubt someone else will be able to tell you shortly. The short answer is, you don't actually owe them any money on previous year's earnings.
edit: THIS LINK from HMRC actually only talks about having to declare income which is taxable. As there is no taxable income here, it would appear you technically don't need to notify them.
Worst case scenario, you would have to file a return for each of the years you didn't declare income, and they would then notify you that no tax was due for each one. I would give them a call and ask them. They should be happy to steer you.0 -
That's correct but my real concern is I can't actually prove I've earned below a taxable income because of the lack of payslips, and I'm just worried I'll end up with a fine I can't afford to pay0
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It is the employer who is in trouble, not you. You were not self-employed - you couldn't have fulfilled the requirements for that unless you could wander into work any time you pleased! You don't need a P45 to start a new job, they will just emergency tax you. But in your shoes I think I would want this up front and on record now with HMRC, because sooner or later it may come back to bite you if you aren't on the records as anything - employed or unemployed. Just tell HMRC the truth - it is up to the employer to put you on the books, and you had no reason to think they didn't. Why would you think otherwise when they told you they would? If that gets the HMRC on their back, it's their problem - as it should be.0
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A P45 would only be worthwhile if you start working on or before 5th April. If the new job starts after that the P45 would be useless.
As said, it's the employer that's at fault here. Report them to HMRC and they'll be investigated. If they've done it to you they'll have done it to others. They will be the ones to pay any underpaid tax/NIC, interest, penalties etc.0 -
Hey guys, thank you very much, I'll call HMRC and let them know what's going on, I was just worried I'd get into even more trouble for mentioning it than not
Cheers0 -
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Write to your employer asking them to let you have your p45 and your last p60.
And if you can't get hold of HMRC by phone write to them. Set out the dates, hours and hourly rate you were paid, explain that you provided your NI number and other details and that you have requested, but have not received, payslips and a P45.
As you appear to have been being paid less then NMW you may also be entitled to make a claim against your former employer for the underpaid wages.
https://www.gov.uk/pay-and-work-rightsAll posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)0 -
You're not in trouble, your ex-boss may be, but that's their problem.
Just tell your new employer you have no P45 - all it means is that you'll be taxed higher initially but once it all shakes out, you'll get a rebate of overpaid tax.0
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