P45

[minniemoo]

Hi all, I have recently left a job and started another. I have asked my previous employer for my P45 however they have written to me and advised me that I owe them money (reimbursement of sick pay as I was off ill for a few days before I left) and my P45 was not enclosed with the letter even though I know that their monthly payroll has been done. They have had a month to send it to me but have not done so and have not mentioned it in any correspondence. Have the the right to withhold it from me? Thanks.

[Buenchico]

I assume that the firm can't issue the P45 until you've returned the money you owe them.

As an example, let's assume that you were overpaid by £100 (gross). £69 of that will have ended up in your pay packet, with £31 being paid to the tax man. (£20 tax and £11 National Insurance). When you pay the £69 back the firm will be able to reclaim the £31 from HMRC.

Since your P45 is a summary of your total earnings and the amount of tax which has been paid on those earnings, your former employer needs to 'get the books straight' before it can issue a final statement relating to those figures.

The absence of a P45 is no bar to employment. You simply need to ask a new employer for a P46. Your tax will eventually even out to where it should be.

Chris

[minniemoo]

Hi Chris, thanks. I understand what is going on now. Thanks again.