Wages

[Haven]

Re: Wages

Recieved a letter back from my previous employer this morning, bareing in mind i was nothing but polite in my letter to them. Here is the response

Dear Sarah

I was quite dismayed to read the letter you hand delivered to the office today.

YOu have had all copies of ALL your payslips together with P60's. We do not have additional copies going all the way back to the start of your employment. You started with us 21st March 2005. We not are legally required to keep copies once you have the orginal.

I personally ran additional copies of your contract of employment together with ammendments earlier this year. That means that you already have recieved TWO copies of all the relevant paper work. The second one's were given to you in April 2011.

We are not obliged to keep providing copies.

NVQ was entirely at your own disrection. We were offered funding but it is your NVQ. It is your certificate and any additional payments that we made to encourage staff were enitrely at the managements discretion. Your NVQ certificate was given to you personally and the office did not keep copies. now that you have left you take your NVQ with you.

Your final paragraph was quite amusing. You refused to honour your contract of employment and give MM 14 days notice of termination, yet you "demand" that we respond within 14 days!

As you are no longer an employee we have been advised that we do not have any obligation to provide you with the items you have requested. you have the orginal copies of all of them.

Your sincerely

MH

That guy was the main reason i left and this kind of attitude. Is he correct tho? Acas are contacting them next week to discuss mediation but i doubt he will budge as he is so pig headed, looks to me like a tribuanl. Will he then have to provide these details to prove his case.

[Jennie wren]

Re: Wages

Hi,

According to the Inland Revenue, who i spoke to recently, the company are legally bound to keep any paperwork for 6 years so they should have all your data going back those 6 years? How much notice were you contracted to give and were the reasons you left anything to do with this issue?

Jennie

[Caspar]

Re: Wages

Do you have the copies of those contracts they claim you have? If so, what is said about pay in the contract of employment?

[charitynjw]

Re: Wages

This from Business Link


http://www.businesslink.gov.uk/bdotg...type=RESOURCES

[teaboy2]

Re: Wages

YOu should send a copy of that letter to the inland revenue, am sure they will be more then happy to do some on premises spot checking and investigation of the company.

You should also write back to the company advising them that they are obliged to keep records of all documents for upto 6 years, plus under the data protection act 1998 they are legally obliged to provide you with copies of those documents, regardless of whether they believe you have copies of them or not. And as you yourself as an employee are not obliged to keep copies in your possession, once handed to you, then their claims you have original copies of such documents are inaccurate, as you are not what a reasonable person would call a "hoarder".

[charitynjw]

Re: Wages

I don't know the relevant legal authority on retention of payroll records, but the above-mentioned link states


Payroll - 3 years after the end of the tax year they relate to.

EDIT
See post 25 - that states 6 years.

[Caspar]

Re: Wages

I don't know the relevant legal authority on retention of payroll records, but the above-mentioned link states


Payroll - 3 years after the end of the tax year they relate to.

I think you'll find it's part of the DPA

What happens if you don't keep or retain adequate records

If your company or organisation does not keep adequate records for statutory payment purposes, or does not retain records for long enough, you may be charged a penalty of up to Ł3,000.
It is in your interests to keep records for all payroll aspects, as failure to pay the correct amount of PAYE tax or National Insurance contributions due for you employees each month will attract a penalty. (From HMRC Website)

[Haven]

Re: Wages

Thanks for all your wonderful replies. I had a feeling he was wrong but wanted to confirm. To answer some of the questions asked...

I was contracted to give 2 weeks notice but the job i had been offered wanted me to start ASAP i asked in my letter of resignation if it would be possible to give 1 week, due to being very unhappy at work and suffering a great deal of stress. But that is not an issue anymore and really he doesnt need to keep bringing it up. I didnt leave them in the lurch as there is barely any work.

I have a copy of a contract which refers to me as a team mate. I asked in April for a copy of my contract as Team Captain and that was not given to me, i asked for that copy for a different reason. Our contracts only state what minimum wage was at that time. My team captain one should state minimum wage + 25p. I was also for some time only paid minimum wage for my holiday pay this changed recently when i questioned recieving the same rate as holiday pay as those on minimum wage. That seems to being paid at the correct rate. At this point ive not accused them of underpaying me as i need to confirm this before i take the matter futher but they are leaving me with no option but to involve ACAS.

I know the information is available as each member of staff has files with all their payslips etc kept. He is just being awkard and hoping im too stupid to know my own rights.

[Caspar]

Re: Wages

You can send an SAR to anyone. If you had a contract with these details on, they would have to provide it under a SAR.

[charitynjw]

Re: Wages

Found this

http://www.legislation.gov.uk/ukpga/1970/9/section/34/enacted

Taxes Management Act 1970


34Ordinary time limit of six years
(1)Subject to the following provisions of this Act, and to any other provisions of the Taxes Acts allowing a longer period in any particular class of case, an assessment to tax may be made at any time not later than six years after the end of the chargeable period to which the assessment relates.
(2)An objection to the making of any assessment on the ground that the time limit for making it has expired shall only be made on an appeal against the assessment.

[charitynjw]

Re: Wages

You can send an SAR to anyone. If you had a contract with these details on, they would have to provide it under a SAR.

Info on SAR

http://www.ico.gov.uk/for_organisati...onal_data.aspx

Example Subject Access Request letters

http://www.legalbeagles.info/forums/...ad.php?t=21788