my employer not paying NI . Please help

by **ran098** on Wed Mar 10, 2010 3:54 pm

Hello there,

My employer is not paying my NI and Tax. several times I ask him to deduce it from my salary, but always he says, he is working on to it and that is all. it is not happening. I was worrying about how to show my experience with out these things? He pay me weekly by cash also.
Can someone please help how can I sort this out? can I pay my contribution on my own? In this time period it is hard to left my curent job. so pls help.

by **AJHenderson** on Wed Mar 10, 2010 4:13 pm

The employer by law has to deduct the tax and national insurance, if they fail to do so HMRC can issue the employer with a regulation 80 which means they can re-coup the tax and NI from the employer if its found that they have deliberatly not deducted the tax and NI.

If the employer appeals and HMRC beleive that they have tried to deduct the correct amount they can reclaim it from the employee.

You can report the employer to HMRC or just but some money aside from your salary each month to the correct tax and Ni just incase HMRC ask for it from you

by **Budget83** on Wed Mar 10, 2010 5:54 pm

Without being rude how much are you paid per week.

Id its below the LEL he only has to declare the invcome on a P38A I believe at the end of the year.

I think the LEL £95 per week.

by **ran098** on Thu Mar 11, 2010 11:04 am

Hello there,
thanks for your replies. just to clear it bit more, he pays me £200 per week.
AJHenderson : can you please explain me what do you mean by,
"If the employer appeals and HMRC beleive that they have tried to deduct the correct amount they can reclaim it from the employee."

thanks

by **AJHenderson** on Thu Mar 11, 2010 11:15 am

They'll put a restiction in your PAYE coding notice to collect it over a 12 month period from your employment. Or if the underpayment of tax is over £2000 they will put you into Self Assessment and ask you to make a lump sum payment

by **Budget83** on Mon Mar 15, 2010 11:18 am

I would keep a clear written records of dates and tmes of conversations so that you have some evidence if you need to defend yourself in the future.

The problem is if he doesnt then you wont be getting a P45 when you want a new job and future earning will be undertaxed.

Keep it well documented is the key here.