Ex-employer messed up my P45, I've paid too much tax

Dazed_and_confused

I was therefore put on an emergency tax code for Sept 18.

Given there was no P45 to hand in this could only have happened if the op had completed a new starter declaration with the new employer.

If she hadn't done that the new employer would have had to operate code 0T, much worse than emergency tax for someone with only one employment.

Although it's always possible the op doesn't know what the emergency tax code is?

System

jessicaswills wrote: »

Yes, I will do that. But the fact the employer has messed up not once (in not sending the P45) but twice (in providing the wrong code) - is there anything I can do to them through the courts?

No because when you get the tax refund from HMRC you will have been put in the same position as if you had had the correct amount of tax applied so you have lost nothing. You might be entitled to possible compensation for how much interest that money could have earned had it sat in an existing bank account you had which paid interest but that's quite tenuous and even if you won would probably see you being awarded less than the price of a cinema ticket. By all means try, claiming for compensation if blame can be applied seems to be the way people do things now, but be prepared to pay their legal fees as well as your own if you lose.

Dazed_and_confused

And it is entirely possible HMRC won't ever actually send you a repayment.

Because there is still time for them to supply sufficient information to your current employer for them to make the refund/adjustment when they pay you next*

*no doubt too late for January but plenty of time for either February or March wages

Exodi

jessicaswills wrote: »

My question is - do I have any form of recourse against my ex-employer for a) being out of pocket (I know I'll get the tax back eventually but I'm short this month and last) and b) stress!!!!

jessicaswills wrote: »

I'm just bloody angry with my ex-employer and want to know if there's anything I can do by way of action against them with a view to seeking compensation.

jessicaswills wrote: »

is there anything I can do to them through the courts?

jessicaswills wrote: »

I just want to email them again and have something to threaten if they don't sort it.

This is meant to come from a good place but I think you really need to give yourself time to calm down and relax as I personally think you're going wayyyy over the top (and this is coming from someone who has had exactly the same happen to me this month!). Mistakes happen, you've admitted yourself you're not going to be out of pocket, is it worth causing World War III over?

TELLIT01

jessicaswills wrote: »

Yes, I will do that. But the fact the employer has messed up not once (in not sending the P45) but twice (in providing the wrong code) - is there anything I can do to them through the courts?

Why look at going to court as the first course of action? It should generally be the final route if all else fails. If you can show, for instance, that you have suffered bank charges due directly to incorrect information from your previous employer you could ask them to reimburse that cost. If things are simply going to be 'a bit tight' there is little really that you can do. In my opinion, considering court action for what will be a pretty small sum of money is unrealistic.

Savvy_Sue

Taking an employer to court is a pretty extreme step, and taking an employer to court when you've worked there for less than 2 years is a step I personally wouldn't take unless I KNEW I was leaving very very soon.

Because within the first two years an employer does not have to give a reason for dismissal, and taking them to court is the fast track to "face doesn't fit" dismissal IMO.

Intoodeep

Am I missing something or did somebody die ?