P45 1 October 2022 at 8:05PM in Employment, jobseeking & training 2 replies 122 views

Steve2323

Hi

I left a company in Jan this year, they haven't sent me my P45. They continued to pay me for 2 months after I resigned,  money they asked for afterwards which I have paid back. They are now saying that I have to pay back a fuel allowance which I never received in the way they stated and conversations are ongoing.

I still haven't received my P45, what are my rights to request this, and what does a company legally have to do?

I am now self-employed, but am concerned this will impact my end of year tax assessment.

Many thanks
Claire

Marcon

Steve2323 said:

Hi

I left a company in Jan this year, they haven't sent me my P45. They continued to pay me for 2 months after I resigned,  money they asked for afterwards which I have paid back. They are now saying that I have to pay back a fuel allowance which I never received in the way they stated and conversations are ongoing.

I still haven't received my P45, what are my rights to request this, and what does a company legally have to do?

I am now self-employed, but am concerned this will impact my end of year tax assessment.

Many thanks
Claire

Certainly don't sound like the most efficient of former employers!

See https://www.solicitorsnearmeuk.co.uk/employment-law-services/what-to-do-if-an-employer-wont-give-p45/ which gives you the answer you need (obviously you can skip over the bit about your new employer, since you've not got one).

liz_bartun

Steve2323 said:

Hi

I left a company in Jan this year, they haven't sent me my P45. They continued to pay me for 2 months after I resigned,  money they asked for afterwards which I have paid back. They are now saying that I have to pay back a fuel allowance which I never received in the way they stated and conversations are ongoing.

I still haven't received my P45, what are my rights to request this, and what does a company legally have to do?

I am now self-employed, but am concerned this will impact my end of year tax assessment.

Many thanks
Claire

Did they send you a P60? 

If you've paid them back the overpayment they should have adjusted your year to date figures with HMRC. It should be showing in your personal tax account. You can compare what shows there with your payslips for February and March or your P60 (assuming you got either or both since you were still being paid) and the statement they should have sent you detailing the overpayment when they asked for it back.

You might also want to claim back the overpaid national insurance https://www.gov.uk/claim-national-insurance-refund/y/class-1

I realise this doesn't answer the question, which was about your P45. But you shouldn't need it if what's on your PTA is correct. Iirc that figure will auto-populate in your tax return.

(Edited of try and make my sentences a bit shorter)