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Where Taxpayers and Advisers Meet

Employer refusing to give complete P45 form

disarmed
Posts: 1
Joined: Thu Jun 21, 2018 2:03 pm

Employer refusing to give complete P45 form

Postby disarmed » Thu Jun 21, 2018 2:35 pm

Where to start with this dodgy company lol... Conditions at my workplace were so bad that I resigned via email without notice (contracts aren't a thing at this company so nothing stopping me from doing this) but then I agreed with my manager that I'd continue working for 1 more month until our upcoming event was over as they needed my help with this. I received part 3 of my P45 the week after I resigned on which it said I stopped working mid-April. I wanted to have this changed as I would keep working until mid-May and I still needed the rest of the form but (stupid mistake maybe) didn't because I thought it would be simpler to do this after the month was over. My May payslip also did not have any tax deductions on it which I also find strange.
Fast forward and I've now officially stopped working for this company and have accepted a new employment offer with a proper company, starting next month. I've now asked my previous employer to please issue me a P45 where my leaving date is the May one and to also send me the missing parts but received this response: "you could write to HMRC and get a copy. You are not my responsibility as you are not employed by us anymore". I responded saying HMRC can't help here and that they as my previous employer are required by law to give me a P45 and I only received part 3 - still waiting for them to respond to this. What else can I do here? I've read somewhere you can report them but not sure where and how to do this.

If they continue to refuse I'd also love to report them for various other things. (not relevant to P45 anymore but just as an added explanation): The company is owned by a friend of a friend and the owner/director is super dodgy with everything he does. No contracts are given to any employees and if you ask for one, he tells you to create one yourself and he will then review it. He refuses to pay sick pay and tries to get out of paying holiday pay (it took him nearly half a year to pay me my owed holiday pay which he tried to get out of). There is no HR department there at all - only him and his dad taking care of everything. All interns are unpaid but do the same work as full-time employees and should they ever make a mistake (note these are mostly students from abroad whose English isn't always the best), our director would have a go at them and even made one intern cry which eventually resulted in her leaving without saying anything. He threatens all employees with salary deductions or no commission if we happen not to reach our completely unreasonable weekly targets, he tries not to pay employees that don't pass their 1 month probation, he promises things to our clients and then refuses to refund money when these things don't happen, the list goes on. I am very sure that if this is how he acts with us, there has to be dodgy things going on behind the scenes as well. We've already once had council representatives show up in our office wearing knife proof vests because the company failed to pay their council tax or something and didn't leave until the owed amount was paid there and then. The list goes on... as I said, dodgy company.

SteLacca
Posts: 437
Joined: Fri Aug 07, 2015 2:17 pm

Re: Employer refusing to give complete P45 form

Postby SteLacca » Fri Jun 22, 2018 9:43 am

They have a legal obligation to provide a P45, though if they make a payment after leaving, then they do not produce a second P45. This gives more information - https://www.gov.uk/employee-leaving

Tell your new employer that you don't have a P45 and sign a new employee declaration (which will get things going), then HMRC should issue a correct code number with cumulative pay and tax after you have started, which will get you back on the correct footing.


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