Help with P45 situation/s

[Deleted User]

Hello,
Really grateful for any help. I haven't put this on the Employment board because it is one of those 'horse already bolted' stupid moments from keep calm. I just need to understand what actions to take.
I had a consistent Employer for 11 months of 2020 - I left in January 2021 agreeing for them to withhold wages earnt from last payday in December so I could be released early from notice period (now know I've been silly in allowing this as they should have brought a claim against me from everything I've read recently. I don't care to fight about any wage to come, just correct records, didn't dawn on me what was going to happen with HMRC when wages are retained) come end of January when payday would have fell (I'll definitely thank the poster from my last problem that encouraged me to log in my personal tax account) on doing this, I saw January's wage reported in full to HMRC with tax and national insurance deducted; it doesn't stop there and I never imagined this coming, they reported a full month for February too now - again tax and national insurance taken.  
I called HMRC who said to get ACAS involved if I couldn't resolve with Employer - fortunately I got a nice response from the ex boss after querying saying the Accountant had messed up and all would be resolved in a couple of days but I'm thinking that is the laidback response - I guess my questions are how does this resolve? looking again once the aforementioned couple of days have passed, all I see now is that they appear to have told HMRC I'll get be getting a P45 on 5th April - do I really have to go to end of March.

My next query is the Employer who I moved onto (which didn't work out) managed to much more quickly produce a P45 based on the one week's wage they paid end of January. That wouldn't be right to use? They have paid for time worked in February but issued P45 well before doing this. 

Many thanks, hope my ramblings make sense.

Dazed_and_C0nfused

The 5 April may be a red herring.  That is a date HMRC use (or used to use) when they think an employment had ended and will not continue into the next tax year but the employer has not yet filed the final real time information report (what used to be the P45 details in olden days).

You should check again once the old original employee has had time to resolve this, they should file a final real time information report correcting the details already supplied and giving a genuine P45 end date.

I'm assuming from your post this is all about what is shown on your Personal Tax Account, not an issue with what has actually been paid to you so far.

[Deleted User]

Hi,
Thank you for the info - probably some daft questions coming up - how long does real time information reporting take usually?
Coming back to this situation, just over 3 weeks on after approaching the ex employer, it hasn't updated like they said would happen in days and I'm at the point of I'll regret it, but sending a firmer message -  could I ask for the accountants contact details direct? Could I have a case against the Accountant, rather then the Employer?
The image below is what they've reported to HMRC for pay, income tax and national insurance but haven't paid me a penny of or produced a payslip for after I stopped working there in January.  I would love to just leave this hanging but it really grates

I've spoken with ACAS but really such a public Employment Tribunal seems so over the top for half a month's wage, but I am at a loss how I get them to correct the information otherwise if they are really so minded.
ACAS also mentioned about Furlough attempts on ex employees who were in employment at the right cut offs  - I guess that would be somehow be pretty clear if that had happened? 
Enormous thanks.

Dazed_and_C0nfused

Employers are meant to file RTI details on the date or before they make a payment.

Not sure how much use approaching the accountant would be, they are just acting on behalf of the employer and will likely only take instructions from the employer.

One issue you will have is that HMRC will eventually use that information when reviewing your 2020:21 tax position and that would no doubt result in the wrong outcome one way or another.

Maybe worth a gentle reminder to the employer pointing out that of they do not correct things you will have no option but to report this to HMRC.  Not sure how effective it would be but worth a try?

[Deleted User]

Sorry for the annoyance.
I've now got a P45 out of this ex employer showing I guess the 2 entries above deducted from that as the figures entered are showing on the form as less and they seem to think this enough for matter closed, although this still remains on the HMRC online record.  I don't know I'm hoping when what would have been payday rolls around this month, it will just disappear. ((fingers really crossed))
Another really daft question again. If HMRC were to do any kind of investigation with this Employer, could they found out where I subsequently embarrassingly went to work? (just have a vision of HMRC going here is a copy of the new starter form completed by xxx)
Enormous thanks again.

Dazed_and_C0nfused

I don't think HMRC could disclose your subsequent employment position to your ex-employer as there would be data protection (GDPR?) issues.

Real Time Information reporting is all about what each individual employer paid and deducted in tax, NIC and student loan deductions.

It's possible there could be question about the new starter form/P45 from when you started with the ex-employer but I cannot see how your next job would be of any relevance.

If they pay staff monthly it might be updated details show up on your Personal Tax Account a bit closer to the end of March.

[Deleted User]

Morning! 
I had started preparing a complaint letter for HMRC yesterday as the Employer on further reply tried to make out last week that the HMRC system wasn't updating.
Today I've woken to this on the HMRC account!!!!!  do I follow the link that it is fraud?

Coronavirus Job Retention Scheme

From December 2020

xxxxxxxxxx ltd made claims for you in January 2021.

This employer should have put you on furlough for some or all of the time during that month.