Current Employer holding onto my P45

Merse1806

I resigned from my job on 15 October and requested to leave on 31st October. I am in a 4 week notice but as I get paid monthly at the end I thought it was a reasonable request to keep payments clean and simple.
The MD is bitter I am leaving but has victimised me for the past year and now not spoken to me for the past 6 weeks and has told everyone I am leaving at the end of the month except me directly. He keeps adding simple tasks which I do.
I have been paid today for October but it has not paid for an outstanding holiday( I have 7 days) I am told this will be in my November payslip even though I am not working in November.
I have a new job starting 01 November and have asked for my P45 but am told it will be issued with my final payslip. Is this legal? I know I will incurr Emergency tax from my new employer for the first month.
What can I do?

tizerbelle

Your current employer can't issue a P45 until they make their final payment to you.  If this is after you start at your new employer its not a problem and you don't need to panic about emergency tax.  When you start at your new employers fill out a HMRC Starter Checklist (it used to be called a P46) and you will be put on a temporary 1257L W1/M1 code. When you get your P45 send it to your new employer and as long as HMRC haven't already sent an updated tax code to your new employer they can adjust your tax code from the P45 details.

Devongardener

Emergency tax is based on the standard tax code of 1257L, but applied on a Month 1 basis, so that won’t affect your net pay from your new employer.
However, your previous employer will also use that code to process your holiday pay in November, meaning you won’t pay tax on it.    This means that you will owe that tax, however it will be probably be calculated after the end of the tax year, and next year's code adjusted accordingly.

It’s not unusual for a P45 to be delayed, particularly as you have been paid before the end of October.   I suppose theoretically you could have decidedly to take holiday after you had been paid, hence the delay in calculating and processing your final holiday pay.

TELLIT01

Outstanding holiday pay entitlement will be calculated when the final salary is paid.  The OP may be in for a shock regarding the holiday pay, as the employer may decided that the 7 days pay the OP believes they are entitled to is being used to cover part of the shortened notice period.

Dazed_and_C0nfused

Devongardener said:

Emergency tax is based on the standard tax code of 1257L, but applied on a Month 1 basis, so that won’t affect your net pay from your new employer.
However, your previous employer will also use that code to process your holiday pay in November, meaning you won’t pay tax on it.    This means that you will owe that tax, however it will be probably be calculated after the end of the tax year, and next year's code adjusted accordingly.

It’s not unusual for a P45 to be delayed, particularly as you have been paid before the end of October.   I suppose theoretically you could have decidedly to take holiday after you had been paid, hence the delay in calculating and processing your final holiday pay.

This ^^^

You have clearly misunderstood what the emergency tax code is.

If you complete a new state declaration for your new employer you will be on the emergency tax code of 1257L.  Which is highly likely to be the exact same code as you are currently on!