Employer has told HMRC I've been paid when I havent

TheChrisS

During my time in my previous employment, my ex employer started to have financial issues but continued trading. He was unable to pay his staff properly and so for some considerable time he only partially paid staff when he could. The amount ranged from £25 per payment to around £200, and nobody ever knew what payment amount would arrive, and when.

However, when staff received their monthly payslips, they contained all the detail of what they should have received. For instance, my payslip stated I had been paid £1400 when I had actually only received £480. This information had been sent to HMRC by my ex employer and as far as HMRC know, staff were paid in full and on time.

Eventually this ex employer started up the exact same business under a different name and placed the old one into liquidation. He TUPED some employees over to the new business including myself and told me I would be paid owed wages "as a bonus" when in fact the law of TUPE states that the new business inherits the debt of the old one.

I eventually resigned from the new business and commenced an employment tribunal against the company I was TUPED, being owed £6000. The ET is ongoing but during this new period a further business was secretly set up and never referenced in proceedings. This new business once again offers the exact products and services under a different name.

The fear is that should I win my employment tribunal, this man will simply shut down the business and continue with the new one once again, avoiding responsibility of paying the debt. I have made HMRC aware that they have incorrect payslips but has my ex employer broken the law by providing these?

Guest101

TheChrisS wrote: »

During my time in my previous employment, my ex employer started to have financial issues but continued trading. He was unable to pay his staff properly and so for some considerable time he only partially paid staff when he could. The amount ranged from £25 per payment to around £200, and nobody ever knew what payment amount would arrive, and when.

However, when staff received their monthly payslips, they contained all the detail of what they should have received. For instance, my payslip stated I had been paid £1400 when I had actually only received £480. This information had been sent to HMRC by my ex employer and as far as HMRC know, staff were paid in full and on time.

Eventually this ex employer started up the exact same business under a different name and placed the old one into liquidation. He TUPED some employees over to the new business including myself and told me I would be paid owed wages "as a bonus" when in fact the law of TUPE states that the new business inherits the debt of the old one.

I eventually resigned from the new business and commenced an employment tribunal against the company I was TUPED, being owed £6000. The ET is ongoing but during this new period a further business was secretly set up and never referenced in proceedings. This new business once again offers the exact products and services under a different name.

The fear is that should I win my employment tribunal, this man will simply shut down the business and continue with the new one once again, avoiding responsibility of paying the debt. I have made HMRC aware that they have incorrect payslips but has my ex employer broken the law by providing these?

Had the exact same thing, except I was made redundant and the NI fund picked up the tab.


HMRC weren't interested