Withholding P45

[Goff]

Hi everyone

I recently left my job to start a new one. My previous employer claims i owe them money for holidays taken i was not entitled to. They worked holidays out in hours. I was contracted to work 37.5 hours a week, but they took 8.20 per day from us which i dont think is right as they took 41.40 hours for 5 days when surely if i am contracted 37.5 thats all they can take?

 

Anyway they say i owe them over £1000 for 80 hours leave!! This is ridiculous and i am in the process of working everything out. The employee handbook (which i was never given but is online) states:

If, on termination of an employee's employment, the employee has taken paidholiday leave in excess of the earned entitlement, they will be required to reimburse the company (by means of deduction from salary) in respect of such holiday

I understand that what they are saying is if i owe them money they can deduct it out of my final salary, which was one day plus i was due a tax refund of over £300 which they say they are taking for the alleged overpayment.

However they are also withholding my P45. They have said i cannot have it until i have paid back this money, but surely this is a separate issue? I would be grateful of any advice on this.

[citizenB]

They cannot with hold your P45. I think you might need to take this up with the Inland Revenue.

 

I will try and find some one who can advise further.

[JurgenMK]

As previous poster said, your employer can't withhold your P45. Just given them 5 working days to submit and tell them that you will inform Inland Revenue if not received.

[ej specialists]

it is illegal for an employer to withhold your p45, definitely get in touch with the unland revenue, while you there double check that all your taxes and national insurance contributions tally up. good luck

[san_d]

They cannot with hold your P45. I think you might need to take this up with the Inland Revenue.

 

I will try and find some one who can advise further.

+1. IR will sort this out.

[stu007]

Hi

 

Please have a look at this HMRC link: http://www.hmrc.gov.uk/working/forms/paye-forms.htm

 

I would suggest writing to the employer giving then XX days to provide your P45 and If it doesn't happen then contact HMRC and inform them.