I dont think my ex-employer was paying my tax, and claim I owe them money... please help!

ChefJG

Recently left my job.

Whilst there, I got no payslips or contact. Wages paid in cash. I was an employee, not self employed.

Asked employer on many occasions if I was paying tax and NI - they confirmed I was - they were very hostile towards me when I asked.

6months into my role, they tell me they have just started paying my Tax and NI (apparently the accountant lost my forms?!) and I owe the company £hundreds and they will deduct £50pw from my wages so I can start 'paying them back'. I said I did not authorise any deductions as they already said they were paying it, as they legally should before I even receive my money. Coupled with the fact they said they were paying it!

They are now withholding about 60hrs holiday pay, saying I owe them this money as payment to them.

They gave me no proof when I was working for them, regarding my tax and NI being paid. And now, are refusing to pay my outstanding holiday pay, to cover this 'tax bill'... Still not providing me with any proof.

Can they do this? Where do I stand?

Any help would be greatly appreciated x

marcarm

Have you contacted HMRC to see if they have payments for you?

Comms69

surely you know if the cash you received amounted to money before or after tax

kingfisherblue

ChefJG wrote: »

Recently left my job.

Whilst there, I got no payslips or contact. Wages paid in cash. I was an employee, not self employed.

Asked employer on many occasions if I was paying tax and NI - they confirmed I was - they were very hostile towards me when I asked.

6months into my role, they tell me they have just started paying my Tax and NI (apparently the accountant lost my forms?!) and I owe the company £hundreds and they will deduct £50pw from my wages so I can start 'paying them back'. I said I did not authorise any deductions as they already said they were paying it, as they legally should before I even receive my money. Coupled with the fact they said they were paying it!

They are now withholding about 60hrs holiday pay, saying I owe them this money as payment to them.

They gave me no proof when I was working for them, regarding my tax and NI being paid. And now, are refusing to pay my outstanding holiday pay, to cover this 'tax bill'... Still not providing me with any proof.

Can they do this? Where do I stand?

Any help would be greatly appreciated x

How much per hour were you due to be paid? How many hours a week did you work? How much did you receive in wages?



Once you work these out, you can see whether you were receiving the full amount of money without any deductions. If deductions were made, you will have received a lower amount.


Wage slips are a legal right, so request your wage slips for the last six months.


You have posted in the past tense, so am I correct in assuming that you no longer work there?

Dazed_and_confused

You can go onto your Personal Tax Account on gov.uk and look at the payslip details your employer has sent to HMRC.

ChefJG

Not yet - I'll be honest I feel a bit scared about contacting them. Jut want to know where I stand first regarding whether or not they can withhold my holiday pay as payment to them.

ChefJG

I was told I would be paid a living wage - not min wage - but they wouldn't tell me what per hour, hence the many requests for my payslips. Hours varied each week, as it was shift work, some weeks hours were written on the front of the brown bag my money came in. Other weeks, just an amount written - no hours states.

ChefJG

No, they wouldn't even tell me my hourly rate. Just 'living wage' - and when I requested payslips showing what I was working/earning I got nothing but hostility thrown my way.

Masomnia

They sound dodgy and like you're best off out of there.

The tax and NI is their responsibility.

They can't deduct the holiday unless there is an express written term in your contract allowing them to. I think it's a good idea to check your tax account with HMRC online.

Masomnia

ChefJG wrote: »

No, they wouldn't even tell me my hourly rate. Just 'living wage' - and when I requested payslips showing what I was working/earning I got nothing but hostility thrown my way.

If you're over 25 you'd be due the 'national living wage' which is £7.83 an hour, does that sound right?

Dazed_and_confused

The tax and NI is their responsibility.

This is a great point. It really is of no concern of yours whether they are paying over the tax and NI.

You need to be concerned about whether they are reporting your income tax and NI deduction to HMRC.

And you can check this on gov.uk through your Personal Tax Account.

If they aren't then it is potentially going to affect things like your State Pension and Universal Credit (if you were to ever claim it).