Does my former employer have a legal obligation to send me my P45?

[BlueBrightBlue]

I have recently started a new job; it's full time and I have notified DWP of my change of circumstances.

I did complete a P60 or P46?

However I've had to guess my earnings from the previous job ( I over estimated in case I am overpaid WTC)as I have not had all m payslips and those I have did not detail what I had actually earned or rather all money received, including mileage allowance were grouped together.

I did write to them asking for it and they were no forthcoming in sending it to me.

I recently sent a text message to the Manager requesting that they send my P45 asap. My number has been blocked! This I know because I spoke to a former colleague to check their number had been changed.

I cannot visit the office due to my working hours and it is not regularly manned; perhaps the off few hours a week; so I can't get anyone to pick it up for me.

The tax office are unable to issue my P45 to me and have said it is the responsibility of my former employer to do this.

What can I do?

Write to HR and/or your boss requesting a final payslip and a P45 and say you are entitled to them under Employment Rights Act 1996 says :

8 Itemised pay statement.

(1)An employee has the right to be given by his employer, at or before the time at which any payment of wages or salary is made to him, a written itemised pay statement.

(2)The statement shall contain particulars of—

(a)the gross amount of the wages or salary,

(b)the amounts of any variable, and (subject to section 9) any fixed, deductions from that gross amount and the purposes for which they are made,

(c)the net amount of wages or salary payable, and

(d)where different parts of the net amount are paid in different ways, the amount and method of payment of each part-payment.

You would have completed a P46 (which is when you are missing a P45)

You could try gently hinting that you will report them if they don't send it to you...

"It would seem much simpler to provide these items rather than me having to enforce my rights and draggin HMRC into it"

Though in fact your rights would be legal rather than HMRC but they should be doing online real time reporting of payroll and can be fined if not - so they would be silly to ignore you.

Thank you I shall take your advice.
I cannot go to the office even if I had the time. I was forced to resign and they were vile to me.
I shall write to them again stating the facts you have so kindly informed me of.