P60 not provided by employer Academy School
P60 not provided by employer Academy School
Author
Discussion

Casa1862

Original Poster:

1,109 posts

195 months

Tuesday 12th April 2016
quotequote all
In the middle of a mortgage application and they have asked for either this or last year’s P60 for my wife who works for an Academy School.

This year’s P60 won’t be available until 31 May, but apparently they never issued a P60’s for last year as the council feel the information is available on the March Payslip. Are they not legally bound to provide them? I looked on the HMRC website and it says you MUST provide all employees with a P60, how could a large council ignore this, the school has asked but they won’t budge. I'm assuming the Mortgage company will accept a letter and payslips, however they did request P60 and current payslips.

Eric Mc

125,742 posts

295 months

Tuesday 12th April 2016
quotequote all
They most certainly are obliged to provide you with a P60. Raise hell with them.

Welshbeef

49,633 posts

228 months

Tuesday 12th April 2016
quotequote all
The 2015/16 P60 will not be available until the end of May.

They want the last 2 years therefore give them
2013/14 and 2014/15.
if her companies year runs Apr to Mar then provide he Mar 2016 as that will contain the full years income. If it's say Jan to Dec then you will need the March 2016 the Dec 2015 and the Mar 2015 that way they can calculate the 12 months salary within the fiscal year.

You could ask payroll just to give a formal letter stating earnings for the year in lieu of a P60 for the mortgage application.

Ball ache maybe but it's the way around it.

Casa1862

Original Poster:

1,109 posts

195 months

Tuesday 12th April 2016
quotequote all
Thanks for the replies, 2014/2015 are the ones they are saying we're never issued, a letter will probably be ok but wanted to know if they legally have to supply them before I push them too hard.

Seems very odd for an organisation of this size to not comply with the law, can't believe they have not been asked before. First I thought it might be something connected to the governments drive towards electron records but I think someone in the academy has messed up when they changed payroll provider.

Eric Mc

125,742 posts

295 months

Wednesday 13th April 2016
quotequote all
The PAYE rules do allow electronic versions of paper documents. If the company has switched away from paper P60s, they still should provide an electronic version (usually a pdf) instead.

Casa1862

Original Poster:

1,109 posts

195 months

Wednesday 13th April 2016
quotequote all
Thanks Eric, I think I've worked out what has happened, last year my wife was issued a P45, apparently this was because they were changing payroll provider (think might be more to it)when they changed to an academy, as the P45 was issued before 5th April she wasn't technically employed by them hence no P60.

Not sure why HR are simply not saying this and claiming the council's position is that they feel they don't need to issue them as the info is on the March payslip, the council can't decide themselves they've done enough, they must comply fully.

We'll just have to get a statement of earnings from them and provide the P60 later in May.

Eric Mc

125,742 posts

295 months

Wednesday 13th April 2016
quotequote all
You only get a P45 when you leave employment. It seems she legally changed from one employer to another - which is why the P45 was issued when the previous employment ceased.

If she started work for the new employer before the following 5 April, then she was in employment AT 5 April 2015 with the new employer and should have received a P60 from that NEW employer in respect from the date she started with them up to 5 April 2015.

Welshbeef

49,633 posts

228 months

Wednesday 13th April 2016
quotequote all
Eric Mc said:
You only get a P45 when you leave employment. It seems she legally changed from one employer to another - which is why the P45 was issued when the previous employment ceased.

If she started work for the new employer before the following 5 April, then she was in employment AT 5 April 2015 with the new employer and should have received a P60 from that NEW employer in respect from the date she started with them up to 5 April 2015.
My wife moved from a normal school set up to academy and did receive a P45 - it was the same school we complained as refused it as it stopped continuous length of service as such she instead TUPEd over instead as should be the case.

Eric Mc

125,742 posts

295 months

Wednesday 13th April 2016
quotequote all
TUPE is about terms and conditions of employment being transferred from an old employer to a new one.

P45s are to do with tax. If you genuinely cease employment with an old employer, you should receive a P45 from the old employer.

And if you were still with the new employer at the next 5 April, they should issue a P60.

Welshbeef

49,633 posts

228 months

Wednesday 13th April 2016
quotequote all
Eric Mc said:
TUPE is about terms and conditions of employment being transferred from an old employer to a new one.

P45s are to do with tax. If you genuinely cease employment with an old employer, you should receive a P45 from the old employer.

And if you were still with the new employer at the next 5 April, they should issue a P60.
But unless the transfer TUPE was at midnight of the 6th April then they would have to issue you a P60 for that year even if they have only had you one day in (receipt of P45 from old employer and then issue you a P60). Length of service is also unaffected so those lovely teacher pensions gold plated carry on accumulating rather than money purchase.

Casa1862

Original Poster:

1,109 posts

195 months

Wednesday 13th April 2016
quotequote all
Thanks, P45 is dated 31.03.215, I assume she must started with the new setup 1st April, so really the new payroll provider should have given the P60, either way she should have got one and a fob off to say a end of year payslip is good enough.

It looks like someone is hiding something as they no longer respond to emails, basically they are saying take a letter or nothing. Could it be the new appointed payroll company couldn't copy the data and whoever appointed them should have taken more care? Someone's messed up and to deny a p60 is not on. Wife doesn't want to cause too much trouble as head of HR dealing with it,l but there reasons for not giving it are shocking, HR should know better.

Behemoth

2,105 posts

161 months

Wednesday 13th April 2016
quotequote all
Don't be scared of HR. It's just a department & if they are not doing their job, check your facts and escalate it. If you allow them to walk over you they most certainly will next time around when it might be sthg more important. They (or their employers) seem to be breaking the law. If this is true, I would politely read them the riot act, in a helpful and constructive way smile

Eric Mc

125,742 posts

295 months

Wednesday 13th April 2016
quotequote all
Casa1862 said:
Thanks, P45 is dated 31.03.215, I assume she must started with the new setup 1st April, so really the new payroll provider should have given the P60, either way she should have got one and a fob off to say a end of year payslip is good enough.
On the assumption she is paid monthly (?) her first "pay date" would have been 30 April 2015 - which places her first new salary amount with the new employer squarely into tax year 2015/16. This means that they do NOT have to provide a P60 for 5 April 2015 as she did not receive any salary from the new employer in tax year 2014/15.

Her P60 dated 5 April 2016 (2015/16) should show all the salary she has had from her new employer from the day she started with them.

Casa1862

Original Poster:

1,109 posts

195 months

Wednesday 13th April 2016
quotequote all
Eric Mc said:
On the assumption she is paid monthly (?) her first "pay date" would have been 30 April 2015 - which places her first new salary amount with the new employer squarely into tax year 2015/16. This means that they do NOT have to provide a P60 for 5 April 2015 as she did not receive any salary from the new employer in tax year 2014/15.

Her P60 dated 5 April 2016 (2015/16) should show all the salary she has had from her new employer from the day she started with them.
Ok, that makes sense, yes paid monthly normally 24th Month, so new employer not liable which is ok, so should it be the old employer, I would imagine that they will say that as the P45 is dated 31.03.2015, they didn't employ her on the 5th April, hence is no P60 due from anyone?

Normally wouldn't matter but 2015/2016 P60 from new employer not available until the end of May, we'll have to use employers letter but annoying that I've had to do my own research when highly paid HR exec don't know or are reluctant to give the info. My wife mentioned that we only need to know what has happened so if asked we have the info, not too much to ask.

Found this:

http://www.dataplaneducation.co.uk/school-payroll-...



Eric Mc

125,742 posts

295 months

Wednesday 13th April 2016
quotequote all
Casa1862 said:
Ok, that makes sense, yes paid monthly normally 24th Month, so new employer not liable which is ok, so should it be the old employer, I would imagine that they will say that as the P45 is dated 31.03.2015, they didn't employ her on the 5th April, hence is no P60 due from anyone?

Normally wouldn't matter but 2015/2016 P60 from new employer not available until the end of May, we'll have to use employers letter but annoying that I've had to do my own research when highly paid HR exec don't know or are reluctant to give the info. My wife mentioned that we only need to know what has happened so if asked we have the info, not too much to ask.

Found this:

http://www.dataplaneducation.co.uk/school-payroll-...
Because she was not in employment with the old employer AT 5 APRIL 2015, they are not obliged to produce a 2014/15 P60. The P45 is the proper legal evidence of her salary from that employer for tax year 2014/15.

Casa1862

Original Poster:

1,109 posts

195 months

Wednesday 13th April 2016
quotequote all
Thanks Eric, that's really helpful. It seems an odd situation due to dates that she is not due a P60, if explained clearly then not a problem, just the BS from HR which is annoying.

Welshbeef

49,633 posts

228 months

Wednesday 13th April 2016
quotequote all
Casa1862 said:
Thanks Eric, that's really helpful. It seems an odd situation due to dates that she is not due a P60, if explained clearly then not a problem, just the BS from HR which is annoying.
On a more important note ensure with the pension scheme she has continuous employment with the school - the Mrs had but something went wrong and lots of letters etc before it was corrected, makes you wonder how many simply overlook it and then pay the price big time in the years to come.