"TUPE" and changing employment?

WilliamS2018

I could really use some help guys

polgara

Speak to your union/acas

Savvy_Sue

I know if an employer deems they are not liable to pay SSP (sick pay) they are required to give you a statement of reasons. I wonder if the same is true of SPP, and suggest you look on the HMRC website to see what the requirements are.

JCS1

Savvy_Sue wrote: »

I know if an employer deems they are not liable to pay SSP (sick pay) they are required to give you a statement of reasons. I wonder if the same is true of SPP, and suggest you look on the HMRC website to see what the requirements are.

There is such a form


https://www.gov.uk/government/publications/statutory-paternity-pay-non-payment-explanation-spp1

Savvy_Sue

I like the wording on that form: "worked for me continuously during the whole of the pregnancy up to the baby’s birth." Not "worked for X company" but "worked for me".

OP, you plan to leave this job soon anyway, so you don't have a lot to lose. Something along the lines of "boss, apparently if you are not paying my SPP you need to give me this form stating why not" might be a good start. Then when he says "you haven't worked for me long enough" I presume you have evidence of how long you HAVE worked for him?

ASK for payslips back to the start of your employment, from all the shops.

ASK for your P45s if he has TUPED you from one employment to another (he almost certainly hasn't).

CHECK your own personal tax account: I'd be wondering if any tax deducted from your pay was being passed on to HMRC. If it's not, report him.

Make sure you know how much paid leave you're entitled to when the time comes to leave, and ready yourself for another confrontation when he says you're not ...

steampowered

Op, you should approach ACAS with a view to commencing employment tribunal proceedings for the paternity pay it sounds like you are owed.

It is not hard to do this. It does not sound like you would any problems demonstrating continuity of employment.

Clearly if you sue your employer they are not going to give you much of a reference in a future!

Dazed_and_confused

CHECK your own personal tax account: I'd be wondering if any tax deducted from your pay was being passed on to HMRC. If it's not, report him.

That has absolutely nothing to do with the op. The op should be concerned about the tax and NI deductions reported to HMRC. Whether the employer has paid over the tax and NI to HMRC is a matter between them and HMRC, nothing to do with the employee.

jobbingmusician

Well, yes. But I'd also be concerned about whether NI contributions were being passed on. These affect entitlements to benefits and future pension, among other things....

Dazed_and_confused

I wasn't aware that whether your employer actually paid over National Insurance had any impact at all on your entitlement to State pension of benefits.

If the employer hasn't reported the earnings to HMRC I could understand that causing problems but how on earth do HMRC work out who an employer's payment relates to?? What if they cannot make payment in full each month, does each employee get a bit of their tax and NI paid?

Savvy_Sue

Dazed_and_confused wrote: »

I wasn't aware that whether your employer actually paid over National Insurance had any impact at all on your entitlement to State pension of benefits.

But if your personal tax record doesn't show correct records from this employment, then chances are the employer hasn't reported what's due, and that WILL affect entitlement.

Dazed_and_confused wrote: »

If the employer hasn't reported the earnings to HMRC I could understand that causing problems

which is why with an employer saying "you've worked for a number of different companies which I own" you check what HMRC think you've been paid. An employer who doesn't routinely issue payslips is one I'd be very wary of.

Dazed_and_confused wrote: »

but how on earth do HMRC work out who an employer's payment relates to?? What if they cannot make payment in full each month, does each employee get a bit of their tax and NI paid?

In these days of RTI, any employer not making full payment each month is in deep doodah. In pre-RTI days, you could pay less than you were supposed to, and HMRC would only reconcile at the end of the tax year. But again, at the end of the tax year the employer would be in deep doodah if full payment was not made in a timely fashion.

Where I work now, in our less organised days, HMRC would phone us if our payment wasn't received on time.