Employer not paid income tax refund.
Employer not paid income tax refund.
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NotGoingOut

Original Poster:

43 posts

71 months

Tuesday 5th May 2020
quotequote all
Hi all,

I started a job back in September 2019. Just a regular employed factory job. On my first payslip I was awarded an income tax refund as I had not worked for a couple of months. However this income tax refund did not get paid despite being on my payslip and subsequently my P60.

I questioned it at the time and was fobbed off by my employer saying it was an error. Being a new job I let it go and thought it would be sorted out at the end of the tax year.

Well now I have been made redundant and surprise surprise my ex employer is not cooperating.

Do I have any claim to this refund or have I missed the boat as I have since been told I only have three months to sort out wage disputes.

Thanks for any input.




Countdown

47,215 posts

219 months

Tuesday 5th May 2020
quotequote all
Sorry I'm not sure I understand....

How was it "on your payslip"? Was there a negative amount in the "Deductions" column?

If so the payslips total thes eup automatically so does that mean you weren't paid what it said on your payslip?

NotGoingOut

Original Poster:

43 posts

71 months

Tuesday 5th May 2020
quotequote all
Countdown said:
Sorry I'm not sure I understand....

How was it "on your payslip"? Was there a negative amount in the "Deductions" column?

If so the payslips total thes eup automatically so does that mean you weren't paid what it said on your payslip?
Yes, it was a negative amount.

The payslip stated (for example):

£350 wages
-£1000 tax

Total to pay £1350

I received a payment of £350 in my bank.

worsy

6,465 posts

198 months

Tuesday 5th May 2020
quotequote all
NotGoingOut said:
Countdown said:
Sorry I'm not sure I understand....

How was it "on your payslip"? Was there a negative amount in the "Deductions" column?

If so the payslips total thes eup automatically so does that mean you weren't paid what it said on your payslip?
Yes, it was a negative amount.

The payslip stated (for example):

£350 wages
-£1000 tax

Total to pay £1350

I received a payment of £350 in my bank.
And your P60? If you have had it.

Edit - just read your OP and saw it was on there too.

Edited by worsy on Tuesday 5th May 16:39

Countdown

47,215 posts

219 months

Tuesday 5th May 2020
quotequote all
NotGoingOut said:
Yes, it was a negative amount.

The payslip stated (for example):

£350 wages
-£1000 tax

Total to pay £1350

I received a payment of £350 in my bank.
It's an unauthorised deduction of wages. You need to write to him and ask for the money. If that fails you need to get ACAS involved. If that also doesnt work then it's an Employment Tribunal.

Unless he's a complete idiot he's got the money. Basically your £1k tax refund will have been offset against everybody else's tax for that month so the amount he handed over to HMRC was £1k less than what he deducted from everybody. he should have given that to you but he hasn't. Hope that makes some kind of sense.

I'd chase him sooner rather than later if i were you. Tbh it might already be too late.

NotGoingOut

Original Poster:

43 posts

71 months

Tuesday 5th May 2020
quotequote all
Countdown said:
I'd chase him sooner rather than later if i were you. Tbh it might already be too late.
Yes, it was ACAS who told me I was too late. My only hope was that being tax related rather than just regular pay may have made a difference.

I am going to take it to tribunal anyway as I am in dispute over my notice pay as well.


skwdenyer

18,529 posts

263 months

Friday 15th May 2020
quotequote all
NotGoingOut said:
Countdown said:
I'd chase him sooner rather than later if i were you. Tbh it might already be too late.
Yes, it was ACAS who told me I was too late. My only hope was that being tax related rather than just regular pay may have made a difference.

I am going to take it to tribunal anyway as I am in dispute over my notice pay as well.
Not my area of expertise, but can one not file a Moneyclaim for the amount + interest? I’d have thought a tribunal was primarily relevant when there’s a dispute as to whether a deduction was valid.

In this case the co have simply failed to pay. By giving you payslips and a P60 showing the amount they’ve acknowledged it’s owed, there’s no argument, so is it not just a debt to be collected?

EarlofDrift

4,716 posts

131 months

Friday 15th May 2020
quotequote all
I'd be sending a polite letter followed by a very polite phonemail a week later to follow up.

Could always so what a friend told me his grandfather did in the 80's when his dad's employer refused to pay him his last weeks after he'd handed in his notice. He got his mate to phone up the employer and put on his best Belfast accent explaining that they were dismayed when they heard his friend hadn't been paid and unless he paid what was owed him and his friends would be paying a little visit. It was all bks but the employer fell for it hook line and sinker.

Cheque arrived in the post a few days later.

NotGoingOut

Original Poster:

43 posts

71 months

Friday 15th May 2020
quotequote all
skwdenyer said:
Not my area of expertise, but can one not file a Moneyclaim for the amount + interest? I’d have thought a tribunal was primarily relevant when there’s a dispute as to whether a deduction was valid.

In this case the co have simply failed to pay. By giving you payslips and a P60 showing the amount they’ve acknowledged it’s owed, there’s no argument, so is it not just a debt to be collected?
Thanks. I was hoping moneyclaim might be a valid option. I am going to try a tribunal because I am in dispute about my final pay amount.

Ex-employer seems dodgy in a lot of respects. I also suspect he is falsely claiming furlough payments...

NotGoingOut

Original Poster:

43 posts

71 months

Friday 15th May 2020
quotequote all
EarlofDrift said:
I'd be sending a polite letter followed by a very polite phonemail a week later to follow up.

Could always so what a friend told me his grandfather did in the 80's when his dad's employer refused to pay him his last weeks after he'd handed in his notice. He got his mate to phone up the employer and put on his best Belfast accent explaining that they were dismayed when they heard his friend hadn't been paid and unless he paid what was owed him and his friends would be paying a little visit. It was all bks but the employer fell for it hook line and sinker.

Cheque arrived in the post a few days later.
Oh I really wish I knew someone that could do that! He is a lying backstabber and impossible to reason with. I am hoping the moneyclaim route might now be possible.