National Minimum Wage

[lesley64]

Hi,

I have complained to the HMRC about underpayment of my wages, it was clear that I was underpaid from the amount of tax I paid. The HMRC tried to contact them and clearly couldn’t however, the business I believe is using the limited company is just being used for other reasons, I can’t say what, however they are threatened with being struck off and then it is stopped. Due to fact they cannot contact the company, the HMRC was unable to find any wrongdoing.

Can anyone suggest a different route I can go to deal with this situation as I do not want to give up on this unfairness? Can I ask for my copies of P60s and taken them to court myself. I have emailed the HMRC asking what evidence they have found to suggest that they are unable to pursue a complaint. I feel that just locking the door and hiding is little excuse for not pursuing the investigation.

Regards

[ULA]

Are you still employed by the company? I notice you posted back in Jan and given the content of that post I am not sure whether you are. If you are no longer employed how long ago was your termination date?

You should have been provided a P60 for the tax year ending April 2021, even if you left before the end of the tax year this should have been sent to you.

Have you spoken to HMRC about what actions you can now take if HMRC are unable to? Do you know why they could not contact the company, if it has gone into liquidation/administration they should be able to contact the company dealing with this process - just a thought if that is the situation.

Not being sure what the company situation could you make a Subject Access Request for the company to provide you all your payroll information, be very specific about what you believe that covers e.g. payslips, any and all emails/letters regarding your salary etc?

[lesley64]

Thank you for your reply. My job ceased in March 2020, I then claimed universal credit. I made enquiries last month to the HMRC and was told that it was passed to the Serious Non Compliance team to see how to progress. Today I received a letter stating the business has ceased trading, which I don’t believe as I feel it would unearth more problems with the running of the business. I haven’t received a P60 for the year ending 2020. I’m hoping for a reply asking what evidence the HMRC has and after, will ask where I can go from here. Thanks again, advice much appreciated.

Regards

[EnglandPi]

Your previous employer was obviously paying employers national insurance, had they not been there would have been problems when you claimed universal credit. As the company has allegedly ceased trading maybe you would care to name the company and I’ll check it out for you?

[lesley64]

Yes definitely,

Its MSV International limited.

cheers

[ULA]

An initial look at Companies House there was a Gazette notice made on 8 June to give 2 months notice 2021 to have the company struck off on 17 June this was temporarily suspended as an objection has been made to the stricking off. Their company accounts and Confirmation Statement are both overdue. I'll try to do some more digging and post back here and EnglandPi will hopefully find some more information as well.

[lesley64]

Much appreciated.

[lesley64]

Hi,

Can I ask for my Subject Access Information of personal information about my P60 and wage slips for the accountant that sent my P45?

regards

[ULA]

I do not see why not, they will be the holder of your data and as such they would be required to provide the information you have requested in relation to that data.

[lesley64]

Thanks, I’ve sent a request and hopefully they will send all information, I’m hoping that they will have wage slips, which I never received, which would be proof I was underpaid. I have emailed the HMRC asking for proof they’re is no wrong doing, but I yet to receive a reply. I might write a letter and see if I get a response.

[ULA]

I do know from dealing with HMRC on another matter that there is a bit of delay on them actioning emails / correspondence just so that you are aware.

[EnglandPi]

According to the last submitted accounts MSV International limited as a company is worth Minus £619,650

[lesley64]

Yeah, but I doubt that these debts will be paid. If the company is still registered with Companies House is it still considered to be trading? I have received information from one of the accountants that was used by MSV but I am waiting for the most recent accountant to pass on my personal information. Plus I’m still waiting from the HMRC as to why they consider there is no wrongdoing by the company.