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All the tax I have payed for this year reclaimed by previous employer

jdeemlg
jdeemlg Posts: 5 Forumite
edited 6 September 2019 at 2:13PM in Benefits & tax credits
To give a bit of a back story:

Worked for my previous employer for 4 years, handed in my 1 months notice due to the work being terrible and various problems with my boss. Got a new job.


My final day of employment was August 2nd this year
First day of employment with new employer was 5th August
Work is monday- friday 9-5.

After my previous employer had pro-rota'd my holiday to when I had left, I had taken 4 days too many, meaning I owed them this back which I knew, was only waiting for a discussion or a letter with them to arrange to settle this.

On top of this I had the 1st and 2nd August off with food poisoning.
I was due a wage slip at the end of august as technically I was due SSP for the two days in August. On this payslip all the tax that I have paid for the entire year has been reclaimed by my previous employer to cover the 4 days holiday money I owe them.

This has now left me owing HMRC all that tax back instead of paying my previous employer. I had worked out the amount owed and put it to one side to pay them once they contacted me (My boss did not even comment or speak to me for the entire month after I handed in my notice to her in person, I had to go through head office to sort out leaving, hence me not contacting them to pay them).

This has now messed my Tax code up with my current employer and I am basically paying double tax to repay HMRC in the current tax year.

My question with this is not the logic behind it but are they actually allowed to do this without written consent or any consent of some sort? I was not even commented on by my boss in regards to leaving (no replys to work related issues, wouldnt answer phone regarding work related issues for an entire month).

Basically I want my tax sorting to deal with my previous employers myself and just pay them off.

I phoned HMRC who said they can only see that they are reclaiming the tax because I was only paid SSP that month which made it eligible for my previous employer to take all my tax back but instead of paying me they clearly have used it to claim some money back without discussing the amount with me or even the fact I owe it.

Comments

  • calcotti
    calcotti Posts: 15,696 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Try posting on the tax or employment forum rather than the benefits forum.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • sheramber
    sheramber Posts: 24,723 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Post on the Cutting Tax board and give details of your last two payslips with your old employer
    Month or week number
    Gross pay to date

    Gross taxable pay

    Tax deducted

    Tax code

    The give the same information from your payslip for your new employer.

    Month/week number

    Previous pay and tax deducted

    Gross taxable pay to date

    Tax deducted this payslip

    Tax code
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    jdeemlg wrote: »
    To give a bit of a back story:

    Worked for my previous employer for 4 years, handed in my 1 months notice due to the work being terrible and various problems with my boss. Got a new job.


    My final day of employment was August 2nd this year
    First day of employment with new employer was 5th August
    Work is monday- friday 9-5.

    After my previous employer had pro-rota'd my holiday to when I had left, I had taken 4 days too many, meaning I owed them this back which I knew, was only waiting for a discussion or a letter with them to arrange to settle this.

    On top of this I had the 1st and 2nd August off with food poisoning.
    I was due a wage slip at the end of august as technically I was due SSP for the two days in August. On this payslip all the tax that I have paid for the entire year has been reclaimed by my previous employer to cover the 4 days holiday money I owe them.

    This has now left me owing HMRC all that tax back instead of paying my previous employer. I had worked out the amount owed and put it to one side to pay them once they contacted me (My boss did not even comment or speak to me for the entire month after I handed in my notice to her in person, I had to go through head office to sort out leaving, hence me not contacting them to pay them).

    This has now messed my Tax code up with my current employer and I am basically paying double tax to repay HMRC in the current tax year.

    My question with this is not the logic behind it but are they actually allowed to do this without written consent or any consent of some sort? I was not even commented on by my boss in regards to leaving (no replys to work related issues, wouldnt answer phone regarding work related issues for an entire month).

    Basically I want my tax sorting to deal with my previous employers myself and just pay them off.

    I phoned HMRC who said they can only see that they are reclaiming the tax because I was only paid SSP that month which made it eligible for my previous employer to take all my tax back but instead of paying me they clearly have used it to claim some money back without discussing the amount with me or even the fact I owe it.

    I don't see how this is even remotely possible. You are paying the tax, not them.
  • calcotti
    calcotti Posts: 15,696 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Comms69 wrote: »
    I don't see how this is even remotely possible. You are paying the tax, not them.

    The tax is deducted at source by the employer and past to HMRC by the employer. When the employee’s pay drops to SSP the PAYE system will show the employee as due a tax refund. What OP appears to be saying is that the employer has not passed the arrears due (which are effectively a return of earnings previously deducted) on to the employee but has retained them to offset against an overpayment of earnings. This seems reasonable to me but I have no idea whether or not there is any law around it.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
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