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Re: Suspended for Employer Not Paying Tax - Please Help
The last thing you want is a costs order issued from a tribunal that you cannot afford to pay. So, my opinion is be very careful
Originally posted by Magpie101
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Hello everyone and thank you for your replies.
There has been a significant update since my last post, but before I mention that, I'll reply to each of you who have so kindly offered me advice:
Davec160 - I frequently checked with HMRC as I did have suspicions about the company, and the company constantly boasted about tax avoidance and this is what initially made me think that something was awry. Having checked again last week, after my employment had been terminated (see below) there are still no tax and national insurance payments that have been declared. This was reported, and since I received a payslip in the post which had the wrong pay date and the wrong method of payment stated. There was also no PAYE employee ID number on the payslip, and HMRC have asked me to send this to them in it's original format as they suspect that it is a fake.
Openlaw - I suspected and then became aware that my NI and tax wasn't being paid, but I hoped that allowing 8 week to get this sorted was reasonable and giving my employer adequate time to rectify this. My 'pestering' was polite and done privately to my manager who is also director of the company; I only raised this twice in a 48 hour period (after being issued with x2 different contracts for x2 different companies and being told my pay would be withheld until I signed the said contracts) and then I was taken to a disciplinary meeting immediately after raising this for a 2nd time on the grounds of 'lack of trust'. I was then suspended pending an investigation to look into my issues with statutory rights, and I then had my employment terminated 4 days later, via email, with no meeting to discuss their findings. They were deducting my tax and NI, but hadn't registered with HMRC *at all* - which they admitted - so they couldn't pay me via PAYE. And now, as my employment has been terminated, I have no P45 because they haven't registered with HMRC which means I can't sign on, or start a new job until I have my P45.
I have now started an early conciliation with ACAS, who have told me I have adequate grounds to take this further, and they are due to contact my ex employer this week. However, in the meantime, I have had a solicitor contact me on behalf of my ex employer threatening me that if I do take this further, they will make me pay for their client's costs. I have not told my ex employer that I wish to escalate this to an employment tribunal, but I have told them that I have been advised to do so and am considering my options. ACAS say I have valid grounds to take this higher, and I think this solicitor is trying to scare me off from taking things further - or is he right? Any advice is much needed!
Charitynjw - I'm seeking justice! I am not the only one with this problem with the said company, but I am the only one who is trying to assert and defend my statutory rights. I don't want my job back as it would be very difficult considering the circumstances. They still haven't registered with HMRC for the back pay of my tax and NI, they didn't pay me through PAYE (and so 'pocketed' my tax and NI), they didn't give me payslips (but have since issued me with just one bogus slip to 'shut me up'), they threatened me with withholding my pay, they sacked me for raising these valid concerns, and now they are threatening me via a solicitor despite me not saying that I have decided to contact ACAS. I can't name the company, but it is well documented online that they often use scare mongering tactics to frighten people into paying up, and that they don't always abide by the law.
So to summarise, I had concerns about my tax and national insurance not being paid, I asked if it was being paid after waiting just short of 5 weeks after my first pay day, and was told that no it hasn't "but it's in an account if HMRC want to take it". They didn't register with HMRC to pay employees via PAYE and instead paid us through Fast Track with the tax and NI deducted. They didn't give us payslips, and when they have, the info was completely wrong, see above. I raised my concern professionally and privately, and ultimately was sacked because I dared to question my employer. I'm still missing payslips and have no P45. I am now being threatened by a solicitor. What do I do now? Should I be speaking to a specialist employment lawyer on top of ACAS?
There has been a significant update since my last post, but before I mention that, I'll reply to each of you who have so kindly offered me advice:
Davec160 - I frequently checked with HMRC as I did have suspicions about the company, and the company constantly boasted about tax avoidance and this is what initially made me think that something was awry. Having checked again last week, after my employment had been terminated (see below) there are still no tax and national insurance payments that have been declared. This was reported, and since I received a payslip in the post which had the wrong pay date and the wrong method of payment stated. There was also no PAYE employee ID number on the payslip, and HMRC have asked me to send this to them in it's original format as they suspect that it is a fake.
Openlaw - I suspected and then became aware that my NI and tax wasn't being paid, but I hoped that allowing 8 week to get this sorted was reasonable and giving my employer adequate time to rectify this. My 'pestering' was polite and done privately to my manager who is also director of the company; I only raised this twice in a 48 hour period (after being issued with x2 different contracts for x2 different companies and being told my pay would be withheld until I signed the said contracts) and then I was taken to a disciplinary meeting immediately after raising this for a 2nd time on the grounds of 'lack of trust'. I was then suspended pending an investigation to look into my issues with statutory rights, and I then had my employment terminated 4 days later, via email, with no meeting to discuss their findings. They were deducting my tax and NI, but hadn't registered with HMRC *at all* - which they admitted - so they couldn't pay me via PAYE. And now, as my employment has been terminated, I have no P45 because they haven't registered with HMRC which means I can't sign on, or start a new job until I have my P45.
I have now started an early conciliation with ACAS, who have told me I have adequate grounds to take this further, and they are due to contact my ex employer this week. However, in the meantime, I have had a solicitor contact me on behalf of my ex employer threatening me that if I do take this further, they will make me pay for their client's costs. I have not told my ex employer that I wish to escalate this to an employment tribunal, but I have told them that I have been advised to do so and am considering my options. ACAS say I have valid grounds to take this higher, and I think this solicitor is trying to scare me off from taking things further - or is he right? Any advice is much needed!
Charitynjw - I'm seeking justice! I am not the only one with this problem with the said company, but I am the only one who is trying to assert and defend my statutory rights. I don't want my job back as it would be very difficult considering the circumstances. They still haven't registered with HMRC for the back pay of my tax and NI, they didn't pay me through PAYE (and so 'pocketed' my tax and NI), they didn't give me payslips (but have since issued me with just one bogus slip to 'shut me up'), they threatened me with withholding my pay, they sacked me for raising these valid concerns, and now they are threatening me via a solicitor despite me not saying that I have decided to contact ACAS. I can't name the company, but it is well documented online that they often use scare mongering tactics to frighten people into paying up, and that they don't always abide by the law.
So to summarise, I had concerns about my tax and national insurance not being paid, I asked if it was being paid after waiting just short of 5 weeks after my first pay day, and was told that no it hasn't "but it's in an account if HMRC want to take it". They didn't register with HMRC to pay employees via PAYE and instead paid us through Fast Track with the tax and NI deducted. They didn't give us payslips, and when they have, the info was completely wrong, see above. I raised my concern professionally and privately, and ultimately was sacked because I dared to question my employer. I'm still missing payslips and have no P45. I am now being threatened by a solicitor. What do I do now? Should I be speaking to a specialist employment lawyer on top of ACAS?
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