Please Help! - Any advice welcomed.

JPRic

Hi there,

Thanks for taking the time to read this, really hope you can help.

I started working for a company on the 7th of February. I was not paid in feburary, but paid for 6/7 weeks on 14th March. I was sent my payslip for this on the 12th of March.
The full company is furloughed, but I have been rejected as my information was not sent to HMRC until the end of March?

How can this be? I started working at the start of February, not the start of March as most other queries. And I was literally paid before the extended date of the 19th. I thought this was a saving grace. Surely I should not have been paid if I wasn't on the companies payroll?? 

Is there anything I can do? What should my next step be? Is seeking legal advice worth it?


Thanks in advance,

J

poppy12345

RTI needs to have been sent to HMRC by 19th March, if it wasn't then you can't be furloughed and there's nothing you can do.

https://www.gov.uk/government/news/furlough-scheme-cut-off-date-extended-to-19-march

Look at claiming Universal Credit, providing you don't have savings/capital of more than £16,000. If you're claiming tax credits, this will end if you claim UC.

JPRic

poppy12345 said:

RTI needs to have been sent to HMRC by 19th March, if it wasn't then you can't be furloughed and there's nothing you can do.

Look at claiming Universal Credit, providing you don't have savings/capital of more than £16,000. If you're claiming tax credits, this will end if you claim UC.

Hi Poppy, thanks for your reply.

My understanding of RTI's is limited. I've been googling for days but still cannot grasp the concept.

When does an RTI need to be submitted? Or is there no time? Sources online say before or on the date of pay? 

Does a company not have a responsibility to inform HMRC of new employees? I find it hard to believe I can work for a company for almost 2 months before HMRC are aware.

Jeremy535897

A new employee is normally notified to HMRC when their first full payment submission is made, normally when the payroll is run for your first pay. As you say, this should be done on or before your pay date. If that date is not met, the employer has to explain why in their submission.

JPRic

Jeremy535897 said:

A new employee is normally notified to HMRC when their first full payment submission is made, normally when the payroll is run for your first pay. As you say, this should be done on or before your pay date. If that date is not met, the employer has to explain why in their submission.

So they would have had to state it was late in the original submission with HMRC. Do you think this could be my loophole in being covered?

Jeremy535897

Unfortunately the rule says "payment of earnings...shown in a return... that is made on or before" 19 March 2020. It doesn't deem a late submission to be submitted on time.

Remember that what you are entitled to be paid under your contract of employment is what you should be paid. If they are not paying you, presumably they have laid you off? I don't think there's any point in seeking legal advice, because as a new employee, you have very few statutory rights, and they can just dismiss you (with a week's notice), assuming your contract of employment offers no enhanced rights.