What To Do If An Employer Won’t Give P45 – If your employer won’t give you your P45 after leaving the business, you might be wondering what you should do next…
Well, have no fear because that’s precisely what we’re going to help you with.
When an employee ends their employment with a business, the employer is legally required to inform HMRC.
Whether that’s because they’ve left for another job, retired or for any other reason. This is so that the correct deductions are made, tax is paid, and National Insurance is paid.
A P45 is a specific form that employers are required to issue to employees when they leave their employment, and it contains details on salary and taxes paid so far in that tax year.
But here’s the issue – there’s no specific timeframe in the guidance on how quickly a P45 form should be issued to an employee…
The official wording is “an employer must provide a P45 without unreasonable delay” – which is suitably ambiguous.
To be connected to a specialist employment solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.
How To Get A P45 From A Previous Employer
If you’re in a situation where you’ve left your previous employer and you’ve not yet received your P45, you might be wondering what you can do about it.
The first thing to do is to get in touch with your former employer and check whether they’ve sorted your P45 yet…
It might be that they’ve forgotten or that they have sent it out and it’s not made it to you, and they can sort out a replacement ASAP.
Or if they’re reluctant to do so, you might need to seek legal advice to move things along.
If you’re starting a new role with a new employer, then they should be able to get you started through their new starter checklist and it may be that it isn’t a pressing concern.
A new starter checklist will ask you about any other jobs you have, whether you have a student loan or not, and any other information that’s relevant to your tax status and will affect your salary.
That’s because your new employer needs to work out your tax code before your first payday to avoid any incorrect tax deductions being made and either a rebate needing to be issued or more tax needing to be paid to HMRC.
But if it does become an issue then the next port of call is to seek legal advice and it may need to be pursued with your local tax office or HMRC.
They will contact your former employer and request that they issue your P45 immediately…
If they don’t comply, HMRC may decide to launch an Employer Compliance investigation into whether they’ve breached employment law or not.
Employers categorically DO NOT want to be under investigation by HMRC as the penalties can be severe and there is a lot of additional stress involved, as well as the impact of any reputational damage.
Employment Solicitors Near Me
If you think your employer may have acted unlawfully in the way they’ve handled your P45 and the end of your employment, it’s worth seeking legal advice from an employment solicitor.
At Solicitors Near Me, we connect you with expert employment solicitors near to where you live for FREE.
There’s no obligation to proceed with them when we connect you with them, so it’s up to you whether you want to use their services or not.
Find An Employment Solicitor Now
To be connected to a specialist employment solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.
