I'm currently going through the process of trying to part company with my employer. Long back story.
I'm having trouble with him acknowledging my (unwilling) resignation. The company is only a small company. There is no HR, no union to go to. Just my boss. To cut a long story short, I've sort legal advice and I have been told I have a good case for constructive dismissal path over his behaviour but due to anxiety and stress (which I have been to the doctor over), and the fact that I am very aware of the financial state of the company and I'm fearful of it going bust leaving us with a nasty legal bill. So its not really a route I want to go down as I don't earn much and I'm more likely to end up out of pocket. At this point I'd rather just walk away, and right off what I'm owed if I really have to (should be 4 weeks stat sick pay minimum though had holiday left and we have to take it over christmas for company shut down). Not ideal but it seems at this point to be the better option and I'm pretty resigned to it.
But I do have a much bigger concern.
I've now asked three times for my P60 and pay slips from last year. They've still not turned up. I am aware that my boss was behind with payments to HMCR so I'm starting to grow very concerned about this, not least because he's currently (and I believe illegally) withholding my last pay cheque. I've always been paid on the last friday before christmas, but thats at my boss's discretion so I let it go begrudgingly. Its technically due on the last friday of the month (so now 12 days late). He emailed me on the first monday of this month (AFTER I was supposed to have been paid) telling me he had withheld my pay. We've managed to deal with it financially, no thanks to him, but its been an 'inconvenience' to say the very least.
I'm now seriously concerned about why he has done this and worried about my NI situation. And since I've also not been given pay slips I've also no way to prove this. I do know my wages have gone through the books, so I know I've technically been paid above board.
I've worked for this guy for 10 years and never really thought to chase him up about him being slack with pay slips as we'd worked on trust and I'd always been paid without any problems. (Not to mention he has been a right arse when I have asked in the past, so didn't want to deal with his attitude). With the benefit of hindsight I'm seeing this as very foolish but theres not a lot I can do about it now. Again I'm wondered about what happens if the company goes bang in this situation. Would I loose 18 months worth of NI contributions because he's failed to make his PAYE payments?
I believe I can raise missing P60 questions with the tax office, but I know you are supposed to contact your employer first and I'm about worried going to the tax office in case this leaves me high and dry too (HMRC did threaten boss with a winding up order at one point last year). Not to mention I've no idea what a reasonable amount of time for him to respond is.
Has anyone any idea about how I stand with this NI situation so I can get at least an idea of what I'm dealing with now? Although I'm aware the CAB or another trip to see a solicitor are probably going to be my way forward, the prospect of doing that is extremely distressing at the moment, especially since I know how long it is to even get an appointment with either. I can't sleep as this is giving me nightmares and everything has been going on since mid November. I just want a proper resolution now, so I can get on with my life.
I feel between a rock and a hard place, and acutely aware that even though the law seems to be technically on my side, the reality of the situation doesn't actually seem to favour me due to the nature of the situation. I feel like I'm getting nowhere at all.
Please or to access all these features
Please
or
to access all these features
Chat with other users about all things related to working life on our Work forum.
Work
Missing P60 and not been paid.
10 replies
RedToothbrush · 08/01/2013 13:59
OP posts:
Please create an account
To comment on this thread you need to create a Mumsnet account.