employer with holding pay and P45

employer with holding pay and P45

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Discussion

Ozmira

Original Poster:

1,175 posts

190 months

Sunday 3rd January 2010
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As above, my previous employer is with holding my last pay check and my P45. i finished at the end of November and have been waiting since to receive both. I’ve tried ringing, text messages and even personal visits but to no avail.
I’ve just sent them a letter giving them 7 days to give me my P45 and 14 days to give me my money. is there anything else anyone thinks i should do. Citizens advice have give me some advice which is why i sent them the letter, but if that doesn’t work i can’t really afford to take them to court.
Basically all i want is what I’m owed and the proper documents to give to my new employer.
if anyone has any ideas as to what to do next can they please help me.

Thanks Shaun

siscar

6,887 posts

218 months

Sunday 3rd January 2010
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Lack of a P45 is no big deal, you can fill in a form (P46?) and they will allocate a tax code from that. The only hassle is you may over or underpay tax but unless there is something unusual about your circumstances that won't be a problem.

Lack of payment should be notified to the employer in writing, which you have done. But don't hand about with it, if you need to go to tribunal there is a three month time limit to filing - the CAB will probably help you through the process, it isn't necessarily going to be expensive.

Tuscanless Ali

2,187 posts

210 months

Monday 4th January 2010
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Do you know why they are witholding your pay?

Ozmira

Original Poster:

1,175 posts

190 months

Monday 4th January 2010
quotequote all
I think they are with holding my pay for the same reason as to why their suppliers keep chasing them for payment. I left on good terms with them so I’m just confused as to why they won’t pay me. If they have money problems just let me know but give me my p45, i just don’t know.

Tuscanless Ali

2,187 posts

210 months

Monday 4th January 2010
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In that case, I would call them everyday until they do pay you. They are breaking the law, but you only have 3 months, from when the payment was due to take them to a tribunal.

It's already been said, but you can fill out a P46 at your new job, the IR will write to the ex employers to get the P45 details.

northandy

3,496 posts

222 months

Monday 4th January 2010
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Tuscanless Ali said:
In that case, I would call them everyday until they do pay you. They are breaking the law, but you only have 3 months, from when the payment was due to take them to a tribunal.

It's already been said, but you can fill out a P46 at your new job, the IR will write to the ex employers to get the P45 details.
Would a tribunal be the correct way to push this ?.

I'd be tempted to go the moneyclaim route once the 14 day deadline passes https://www.moneyclaim.gov.uk/csmco2/index.jsp & http://www.hmcourts-service.gov.uk/cms/1051.htm for info

It does cost a fee, but its not a huge amount.

Ozmira

Original Poster:

1,175 posts

190 months

Monday 4th January 2010
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thanks, i hope it doesnt go that far but we'll see.

dudleybloke

19,873 posts

187 months

Thursday 7th January 2010
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when something similar happened to me a few years ago i went in and told him pay me now or i'm taking the computers and anything else i could take to cashconverters and he can buy it back from them.


10 mins later i had my payment in cash!

Ozmira

Original Poster:

1,175 posts

190 months

Wednesday 10th February 2010
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Just an update for anyone interested. I wrote a letter giving them 7 day (p45), 14 days for my pay. P45 was over a week late, and still no money. As there are 3 owners I rang the owner that has more of a percentage than the others, told him what was going on, within ten minutes I had a call from the bloke I'd been dealing with saying your p45 will be there in a couple of days. It arived.
I waited and waited for my money, but nothing. Personal visits to the business, phonecalls, text messages and now a second letter. The bloke I'd been (thought) I'd been dealing with text me letting me know I'd get my check at the end of the week. That week came and went, hence the second letter.
The letter went into all the details about what had been happening. 3 owners, 3 letters. I had someone hand deliver the letters and ask for a confermation of delivery. The guy I've been dealing with rang me 20 minutes later, left a message on my phone f'ing and blinding about this and that, letting me know what he really thinks about me. I rang him back and got no response, I had someone else ring him and again, no response. So I text him asking him that any further communication be via text message. (this was Monday)
I text him this morning asking that I hope the matter will be resolved by the end of the week. I got a text from him this afternoon letting me know I'd have an answer by the end of the week.

I don't think I'm getting my money.

edc

9,239 posts

252 months

Wednesday 10th February 2010
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Hurry up and get your Tribunal claim in ...

dudleybloke

19,873 posts

187 months

Wednesday 10th February 2010
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crack him round the sweed and take his car!
its the PH way! smile

Vixpy1

42,625 posts

265 months

Wednesday 10th February 2010
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small claims court

Ozmira

Original Poster:

1,175 posts

190 months

Tuesday 16th February 2010
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Just paid my money for the court fees, so they should be served in a couple of days. I’ve been talking to a couple of people who still work there and some of the stories I’ve heard are incredible. staff have been having their wages deducted, tips being taken away without any explanation, they have been told they cant take breaks longer than 10minutes anymore. Just horrible. i'll keep you all updated as to what happens now. thanks to everyone for their help as well. Shaun

northandy

3,496 posts

222 months

Tuesday 16th February 2010
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Ozmira said:
Just paid my money for the court fees, so they should be served in a couple of days. I’ve been talking to a couple of people who still work there and some of the stories I’ve heard are incredible. staff have been having their wages deducted, tips being taken away without any explanation, they have been told they cant take breaks longer than 10minutes anymore. Just horrible. i'll keep you all updated as to what happens now. thanks to everyone for their help as well. Shaun
Well done, hope you get your money.

keep us updated.

Ozmira

Original Poster:

1,175 posts

190 months

Tuesday 16th February 2010
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Just got home, went thru my mail and there it is, a cheque for me. No appology, no nothing other than what is rightfully mine. I now need to cancel the small claims court paperwork. Other than ringing them up and letting them know I don't need it anymore there's nothing more I need to do, is there?

dudleybloke

19,873 posts

187 months

Tuesday 16th February 2010
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make sure it clears first!

Ozmira

Original Poster:

1,175 posts

190 months

Tuesday 16th February 2010
quotequote all
dudleybloke said:
make sure it clears first!
never thought about that.

northandy

3,496 posts

222 months

Tuesday 16th February 2010
quotequote all
dudleybloke said:
make sure it clears first!
+1