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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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I started work in April 2014 and have been on a tax code that

Resolved Question:

I started work in April 2014 and have been on a tax code that is incorrect. It has since been adjusted and I am owed £700 in tax. My employer says he is legally not obliged to pay it all at once. Is this correct. If not, can you provide me with the correct legislation that states the employer has a legal right to pay any tax back pay owed to their employee.
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Over what period was incorrect tax deducted?

Customer:

From April 2014 to August 2014. Last pay packet was Aug 25 which still did not include my back pay although the organisation acknowledge I am owed this.

Customer:

I am also on a probationary period of 6m

taratill :

how does the employer propose to repay it? Have they said?

Customer:

No

Customer:

Actually. I did have an email to say that the money would be paid in full as a gesture of good will but for the record, I do not need to pay this all at once however as a gesture of good will i will do so. I since rec'd an email (following a verbal warning about a sep. issue which I am appealing) stating he has since received conflicting evidence and is seeking further advice about paying this all at once.

taratill :

Ok understood, you should raise a grievance to the employer saying that the Income Tax (Pay as you Earn) Regulations 2003 and require them to repay the overpayment of tax. You should state that contractually they are now obliged to pay it in one go, given that they have written to you to say they may do so. The regulations actually allow them to repay over the cumulative period (i.e. the number of months that the deduction occured). You should state that you feel that you are being victimised by the employer for trying to enforce your rights under the Act in him refusing to repay you as agreed in his previous letter. You should state that if you are not now repaid you will phone the HMRC for advice.

Customer:

This is good. thanks. I understand your points re the contractual aspect of over a period of time for payment but given that he has already written to me to promise back pay in full he cannot renege on this. Thank you for your answer and considered thoughts and how to approach this. I don't suppose you have the exact regulation point that I can google too please?

taratill :

http://www.legislation.gov.uk/uksi/2003/2682/made

taratill :

These are the relevant regulations, it's tax law so not easy to follow unfortunately!

taratill :

All the best with this. I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer:

You Star

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