P45 as employer

[Mumofsend]

I've ended up in a fair pickle.

I have a disabled child and recently awarded direct payments for a carer for, outsourced to a payroll company. At no point the LA ever mentioned that I'm her employer, I signed some hmrc forms to allow the payroll company to manage it and she started that was that.

I hadn't realised I had responsibility for things like contract and all over employer responsibilities including insurance which I know is stupid now.

Anyway PA quit 8 weeks ago, p45 arrived to me 6 weeks ago which is where I've screwed up.

I'd been meaning to buy a stamp to post it on since and it was one of those everytime I was in the shop i genuinely forgot the stamps. I've promised to get it in the post tomorrow but they are promising legal action.

How much trouble am I likely to be in? I feel sick. I'm so upset with the LA, a simple sentence like 'you need to be aware of your responsibilities as an employer" would have saved huge issues.

So you need to give the P45 to the PA who has left? Just take it to her or post recorded delivery. Who is threatening legal action? It would be pointless for the PA to do it by the time it got anywhere near anything happening she would already have her P45.

Did you not read the forms you signed? You need to take responsibility for that.

Get the P45 sent (signed for) on Monday. Have you paid any outstanding holiday entitlement?

The PA is threatening legal action. I will get it in the post first thing tomorrow.

I signed a hmrc form allowing the payroll company to manage it. I didn't quite realise what they were responsible and what I was responsible for. I sorted things out once I found out but for this particular one it was a bit late.

She has had all outstanding entitlement holiday wise.

Your ex-PA cannot take legal action against you for failing to provide a P45. All she can do is inform HMRC. HMRC won't take legal action against you either. They may ring you or send you a P43, which requests that you send HMRC the P45 Part 1 information. At worst, HMRC's compliance team might get involved to make sure the P45 is issued.

As a previous poster says, she will not be disadvantaged by your failure to send the P45.