P45 after Zero Hours Contract

Smurvk

I was made redundant from a permanent full time role in January this year. Since then I have done casual zero hours contract type work whilst looking for something permanent. It now looks as though I'm about to be offered a permanent job unrelated to the agency but the new employer has asked for my p45 from my last employer.

The zero hours work has been done via a recruitment agency that I have never met and whose office is at the other end of the country. They deal with workers by text and email only. If a job comes in they text you to see if you're interested and if you are you get paid the following week and they email you a pay slip.

What I don't know is if I should expect a P45 from the recruitment agency given that it's a casual job? Something tells me that I'll have to chase them quite hard to get a P45 from them as they're not very communicative. Or can I give my new employer my P45 from my last permanent employer who I left in Jan? Any info would be welcomed, thanks.

Undervalued

If you don't have a P45 you used to download a P46 from HMRC, fill it in and give that to your new employer instead.

I think it is now called something different, possibly from memory a "new starters checklist".

Have a look on the HMRC website.

Dazed_and_confused

Yes, you should get a P45 from your current (agency) employer

No, do not give your new (permanent) employer a P45 from the previous tax year.

If you don't get a P45 from the agency ask to complete a "new starter declaration" with your new employer and this will ensure you are given the correct tax code number and don't hugely overpay tax.

Smurvk

Ok thanks. Is there a legal obligation on the agency to give me a p45 if I ask for it? Is there any action I can realistically take against them if they refuse?

spadoosh

An employer has to provide a p45 within a reasonable time frame (this is ambiguous) upon an employee leaving.

Ask your employer for the starter checklist and fill it in. Much easier than messing about trying to get hold of ex employers.

Savvy_Sue

spadoosh wrote: »

An employer has to provide a p45 within a reasonable time frame (this is ambiguous) upon an employee leaving.

If they don't, HMRC will eventually write to them and ask them to provide it - at least that's my experience of employing students in term-time or vacation casual jobs, and only finding they didn't want any more work when HMRC asked me to do a P45!

On the new starter checklist, you'll (presumably) say that this is now your only or main job, so your tax should work out OK. If you email or write to the agency to say you don't want any more work and formally ask for the P45, I'd say that would increase your chances of getting one.