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Original poster

Boss keeping my money

25 replies

lololizzy · 21/01/2011 16:40

I found out that my boss has not been paying my NI contributions/ tax. This had happened in the past and he paid it all back (we never discussed it but obviously he must know that i know!). I shouldn't really be surprised but am still shocked to find it's happened again..this time, the last two years of him not paying anything.
If i were to leave or lose job, would this affect me claiming Jobseekers or other benefits? even if i said that i had no idea that he hadnt been paying?
I do love my job although am jobhunting. But if i just left because of what i've discovered, would that make me unentitled to any benefits merely because i'd walked out? regardless of the circumstances?
I honestly do not think he has the money to pay it back. He/the business is close to bust but so far has hung on in there.
I know many of you are going to tell me to shop him. What stops me is that a/ i love my job and customers b/ he has a small child who i am very close to (long story but very closeknit like family run business and i have spent tons of time with this child since she was very tiny)

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Original poster

lololizzy · 21/01/2011 16:42

An ex boss also did this and ended up in prison. For the child's sake..i do not want this for this man much as i hate him. But have to think of myself too. But also dont want to shoot myself in foot as really need this job.

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madrush · 21/01/2011 16:43

I'd imagine that as long as you have a p60 saying what you've contributed each year, it shouldn't affect you.

do your payslips and p60 reflect your contributions?

LIZS · 21/01/2011 16:45

Yes it will affect your claim and sorry but he is liable to be charged over non payment once the receivers get involved. Do you payslips suggest he has paid it ? If he hasnlt paid that has he paid vat, tax.... tbh I doubt the job will be there much longer whatever you do.

Original poster

lololizzy · 21/01/2011 16:46

ummm...he stopped giving them! and i do take responsibility for the fact that i've obviously been burying my head in the sand. Although part of me was wishing 'could he really be this stupid? AGAIN? surely not a second time' ? Well..yes he can. He has. if i ever approached him about the p60s he'd mumble about printer being bust etc.

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Original poster

lololizzy · 21/01/2011 16:48

no payslips for yrs. Being such a small business have always put up with their lackadaisical flaky approach to business as felt job suited me and as long as i got paid..now i can see the repercussions..

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BlackandGold · 21/01/2011 16:49

This doesn't look good; have you been overpaid then because of him not taking out the tax and NI?

BTW the P60 comes from the tax office, not your employer. Did you get one last year, as you said this has been going on for a couple of years?

Original poster

lololizzy · 21/01/2011 16:49

i have made enquiries. the business is registered and all legit. However for two years he has yet again not being paying my contributions. I was told to report him but i keep thinking of his innocent wife and kid. I know i know..got to be tougher..

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Original poster

lololizzy · 21/01/2011 16:51

nothing from tax office and not overpaid but he made out he'd worked it all out fairly ie when my hours got cut down due to recession, he said he'd worked out the new tax rate. I was geting the same hourly rate. now i know he's lying through his teeth and just paid up figures

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Original poster

lololizzy · 21/01/2011 16:52

i mean.AM still basicaly getting same hourly rate as when was full time. Am now part time

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BlackandGold · 21/01/2011 16:53

You really need to tell the tax office as it will affect your state pension if you have years missing etc.
You shouldn't have to suffer because he hasn't got his act together

DurhamDurham · 21/01/2011 16:54

You would not be entitled to Job Seekers Allowance unless your NI contributions are up to date. You need to react now to protect yourself.

TheCrackFox · 21/01/2011 16:54

Hmm, the tax office might go after you for non payment. Sorry.

Original poster

lololizzy · 21/01/2011 17:29

sorry meant he made up figures, not paid up! Freudian slip, he's not paying up!

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stripeywoollenhat · 21/01/2011 17:36

i think you are going to have to turn him in before the business goes bust, or you'll wind up having to pay the missing contributions, i would have thought

Original poster

lololizzy · 21/01/2011 19:41

yeh unfortunately think you are right.

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notapizzaeater · 21/01/2011 19:54

If part time - how much do you earn ? You might not be earning enough to pay NI/Tax ?

Original poster

lololizzy · 21/01/2011 20:06

hmm didnt think of that but take home approx £120 a week as only part time now

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Original poster

lololizzy · 21/01/2011 20:06

was full time until last spring so he has missed out on contributions when i was full time

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suzikettles · 21/01/2011 20:12

How could she be liable for missing contributions? She's presumably registered for PAYE and he has withheld this money from the taxman. It's straight tax fraud by him surely?

It's got serious consequences for you though op. As previously mentioned it would affect contributions based Jobseekers, your state pension etc etc.

I don't think you can bury your head in the sand and hope it goes away.

notapizzaeater · 21/01/2011 20:17

Yes they should be paid - NI would be about £1 a week but you wouldn't pay tax on that wage

Winetimeisfinetime · 21/01/2011 20:17

The lack of wage slips and P60 is also illegal. Also if you leave, it doesn't sound like you would be given a P45 either.

The lack of wage slips is the main problem because you can't prove that he has deducted the Paye and Employee's NI from your pay. Whether he pays it ( and the Employer's NI over ) over to HMRC isn't your problem and wouldn't affect Job Seekers Allowance if you can prove it was deducted from you.

What is to stop him saying you are self employed and that he pays you gross ?

TheCrackFox · 21/01/2011 20:23

Have you got a contract detailing your Terms and Conditions?

mollymole · 21/01/2011 20:24

sorry but the P60 does NOT come from the tax man, it comes from the employer - it used to be in 3 parts and the employer sent 1 to the tax office , 1 to the NI section and the other to the employee, now, if manual it has 1 part for the employee and 1 part for HMCE -or it can be done online and you can print a P60 off for the employee
you can work out from your own hourly rate what you should pay in tax and ni by multiplying your weekly pay by 52 and then taking off your annual personal allowance
and looking at the NI tables - all these figures are available on line if you take home £120 per week there are sites where you can gross up the figure to show what it would be before deductions - but you would certainly have had some NI off this amount and probably a small amount of tax if this is your NET - if it is GROSS you would still have NI off but not tax unless you have some other benefits
none of this applies to whether he has actually paid it though - BUT if he has deducted it from you he is legally bound to pay it over

mumtolawyer · 21/01/2011 22:35

You absolutely have to report this. It is (it seems) failing to pay over tax due which can be a criminal offence - and that means that if you know about it and don't report it you can also be done for aiding Money Laundering (this is a quick, abbreviated comment on a remarkably complicated subject). Report him to the tax man.

Original poster

lololizzy · 21/01/2011 23:02

i know it's illegal. I've had depression and buried my head in sand but now trying to get life back in order and this is one of the first things to deal with.
No contract . Have kept pay slips from years ago.He is down on record from not having paid for four years before. He paid it all back but obv didnt learn from it.
Sometimes he pays me cash and sometimes cheques. So re the cheques i do have some record of wages ie from bank account, just no payslips for years.

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