Strange P45 Help Needed!

Jane175

Hi everyone, I have searched for hours online trying to find an answer for this with no luck - so here goes.

I am a nurse. I recently left my permanent job of 4 years (private healthcare) in mid august and began a new job 4 days later. I received my P45 as expected.

However through the post today I received a second P45. This one stated I had a job as a temporary nurse for the past 3 weeks. I had a new payroll number and dates of employment that I had never done or agreed to do!

I did not see, agree or sign a contract. I did however verbally suggest I may come back to do some temporary work but then decided against this and therefore never once asked HR about this role again. I assumed this meant it would not happen. 

I have spoken to HR and they’ve told me they raised a contract based on me suggesting I wanted to do temporary work. They told me it was
my fault this happened because I didn’t tell them not to. But they didn’t tell me they had done! 

What I’m hoping to know is, is it legal to raise a contract for someone and send them a P45 for a job they never agreed to or signed the contract for? To confirm I never did any temporary work and therefore did not earn any money from this. It has however affected my tax code!

please help!

Dazed_and_C0nfused

In what way has it affected your tax code?

What is shown on the second P45 in the pay and tax deducted boxes??

Jillanddy

They jumped the gun and assumed you'd agreed. And given live HMRC returns I'm assuming that they put you on records. To end those records they needed to formally terminate your "employment'". How exactly has earning nothing affected your tax code? 

Jane175

My tax code has since changed and I assumed it was linked but maybe not? 

I’m not clear on how live HMRC works - is ok for an employer to create a contract for you despite you not agreeing or signing anything? This is the main thing I need cleared up to know whether I should raise this as an issue with my old hospital director.

Jillanddy

Jane175 said:

My tax code has since changed and I assumed it was linked but maybe not? 

I’m not clear on how live HMRC works - is ok for an employer to create a contract for you despite you not agreeing or signing anything? This is the main thing I need cleared up to know whether I should raise this as an issue with my old hospital director.

Unfortunately, like many people, you really don't understand what a "contract" is. That's not a criticism, just a fact. Many people don't have anything in writing at all (they should have the main terms, but often don't), but that doesn't mean they don't have a contract. It's a bit bare bones here, but it looks like they assumed you'd agreed to more work and then put you back on to the HMRC live reporting system (and I am not an expert on that system) so in order to get you back off the system they needed to show that your "employment" with them had ceased again. But tax codes are determined by what you earn or are expected to earn in a year - I can't see why earning nothing would have affected your tax code at all. Again, not an expert, but if my tax code changes then I get something in writing from HMRC explaining what my code is and why. Have you had nothing?