Employer with-holding my P45

[Sharpkat]

Hi all,

Am pretty sure I know the answer to this, but just want to check.

I left my old job in Autumn of last year, but am still paying emergency tax as they refuse to issue me with a P45. They say I am able to access it via Government Gateway and they no longer have to provide me with one. The link they sent me as "proof" is to an Irish website.

I don't want to continue paying emergency tax as it is now a few months.

Everything I have read says that they legally do need to provide me with one. They are not the easiest to deal with

Before I ask them again, is anyone able to confirm that they legally need to provide me with one? If they don't, is the best thing to call HMRC and notify them?

TIA

They have to give you one. Link here: www.gov.uk/paye-forms-p45-p60-p11d

But your new employer could also work out your tax code, so you shouldn't be paying emergency tax for long.

Thanks @Ouchiehelpneeded - they are saying that link is out of date. Into battle I shall go

Your employer is obliged to give you a P45, but these things do get lost sometimes (I am not saying it has here) and it should not be causing major issues after several months. Your tax code should have righted itself and even if it hadn’t, you should hopefully be on a Week 1 / Month 1 code at worst, which would not massively impact tax home pay, particularly if you more or less went from one job to another. What tax code is in your payslip?

Did your current employer complete a starter checklist for you?

www.gov.uk/paye-forms-p45-p60-p11d

Yes, you have a right to receive a P45, but nobody should be left paying emergency tax these days as you can just as easily complete a new starter checklist with your current employer which achieves the same thing. Speak to them about this asap, it doesn't sound like they know what they're doing if they're still emergency taxing you.

Call HMRC and speak to them - explain the situation and ask them to issue a new tax code to your employer

Your employer cannot change your tax code without a notice from HMRC

Thanks all. Am going to speak to my former employer today and then have a chat with my current one.

Appreciate all of the advice.

You should have been issued with a P45 but if they can’t/won’t you can ask your new employer to complete a new starter checklist (which replaces the p46) which will then get you on to your usual tax code.

I'd just be ringing HMRC me.

Just call HMRC - they will be able to issue a corrected code to your employer

Thank you all for the advice.

I called my former employer and said that I would notify HMRC and quelle surprise the P45 arrived a few hours later