P45 & Outstanding Wages

Uuuh Patsy

Last Tuesday let me go with a weeks notice which is fine as I was under 6 months in his employment. He didnt give me my P45 and wages there and then and said he would post them on. Its early days but he now seems to be ignoring my mails, (maybe because he doesnt actaully have a P45 form to fill in). But I'm getting a bit worried now that I'll have a hard time getting whats due from him. So can anyone tell me what his legal obligations are in terns of P45 and oustanding wages?

Kimbot

Well if you were paying tax already and have proof of this with a pay slip then he has to issue a p45!! Wages owed to you will have to be paid aswell!!

Uuuh Patsy

But would I have get a solicitor to get money out of him?

Kimbot

Why not go to the place of business and ask him for it first??

seamus

He is required to issue you with a P45 and to pay you for all of your work.

Generally I would do the following (though you don't have to).
If you got paid monthly, wait until a week after what would be the last monthly payroll.
If you got paid weekly, wait two weeks.

If then there is no P45, ring them or call into the office. If they refuse to speak to you, or fail to return two calls, then contact the tax office and inform them that your previous employer is withholding your P45 and final paycheck. The tax office won't get involved in the money aspect - but the key is that the employer cannot issue a P45 until they have fully paid you. Otherwise they would be submitted a false P45 (the last pay amount wouldn't be included) and would find themselves in big trouble. The tax office will ring him and warn him about the P45. I have yet to hear of any employer dumb enough to ignore warnings from the tax office.

leeroybrown

I'll second what Seamus says. Most employers respond fairly swiftly when it's the tax office making the query. Also this approach conveniently avoids geting solicitors involved.

corco2000

Seamus that is a classic approach...in a bit of a sticky situation myself and this could possibly the solution.

Pythia

seamus wrote:

but the key is that the employer cannot issue a P45 until they have fully paid you. Otherwise they would be submitted a false P45 (the last pay amount wouldn't be included) and would find themselves in big trouble.

Really? I've got a p45 already (as I left in April) but I'm due some back pay at the end of the month.

Time Magazine

You're entitled to your pay, always.

I'm not sure if you're entitled to it, but if you twist their arm you might get backdated holiday pay as well.

Our man in Havana

Get the tax office to serve a P43 notice on the employer. They will soon comply or else they really are dumb.

seamus

Pythia wrote:

Really? I've got a p45 already (as I left in April) but I'm due some back pay at the end of the month.

Technically yeah. If they know exactly how much they're going to give you, it's not an issue, and is excusable in cases where someone leaves after the monthly payroll has already run (which I'm guessing is what you did). A P45 is supposed to be a statement of earnings and tax paid, so giving it to you before you've received your full earnings and paid your full tax is technically naughty.