DH work wont release his P45

[jenk1]

DH left his old job 3 weeks ago, we got a letter yesterday saying that they have overpaid him by £60 in holiday entitlement and unless he pays them it back they wont release his P45.

Are they legally allowed to do this?

TIA

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They do have to give him his P45 but they can't reissue it if it's incorrect which is probably why they are hanging on to it while this is resolved. It's extremely difficult to change the details on a P45, you can't just change it or do a new one.

If he doesn't get it he may be put on an emergency tax code by his new employer which is a pain - it would be sorted out in the end but it's not what you need really!

Get your DH to write to his employer asking for exact details of what he owes and why. Can't see them seriously taking action against him for that amount, but get him to write and see what they say.

We're so in tune Flowery. We should set up our own firm!

To avoid Emergency tax just complete a P46

Emergency tax isn't what it used to be and any new employer should automatically fill out a P46 whilst waiting for the P45 to come through. Meanwhile, are you in agreement that he has been overpaid holiday? Legally they are not allowed to withold his P45 for any reason but flowery is right in that if they do and then he makes the repayment, they will then have to redo it, this is their problem though not yours and it isn't actually that difficult to redo so it's a convenience thing more than anything else whilst your in the same tax year!! I'm not sure on the legal thing re paying the hols money back but if you inform the HMRC that the employer is witholding they don't usually take kindly to it and it might prompt some action.