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Remus2004
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Category: Employment Law
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Experience:  I am a barrister
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Is it criminal employer to falsify a payslip - ie issue

Customer Question

Is it criminal for an employer to falsify a payslip - ie issue you with a payslip but not actually make that payment?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Is the employer still in business?
Customer: replied 1 year ago.

Yes

Expert:  Ben Jones replied 1 year ago.
Hello, this is not a criminal matter, it is a civil one. What the employer has done amounts to unlawful deduction of wages, where they have failed to pay you what you are actually due. The fact they have issued an incorrect P45 is an ancillary matter but does not make their actions criminal.
What you can do is pursue them for the money owed. In order to try and resolve this, the employer should be contacted in writing, advised that this is being treated as unlawful deduction of wages and ask them to pay back the money within 7 days. Advise them that if they fail to pay the money that is owed, legal proceedings could follow.
If the employer does not return the money as requested, the following options are available:
1. Employment Tribunal - the time limit to claim is only 3 months from the date the deductions were made. To make the claim, form ET1 needs to be completed and submitted - you can find it here: https://www.employmenttribunals.service.gov.uk/employment-tribunals
2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years and is usually used if you are out of time to claim in the Tribunal. The claim can be made online by going to: www.moneyclaim.gov.uk.
Hopefully by warning the employer you are aware of your rights and are not going to hesitate taking further action they will be prompted to reconsider their position and work towards resolving this.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether you need further help or if I can close the question? Thank you
Customer: replied 1 year ago.

I think the question I was asking wasn't how to recover the money owed to me, and I am actually taking my employer to tribunal next month, but what I wanted to know is does the action of falsifying paperwork (payslips are important documents I believe) in this way constitute false accounting - a friend of mine is a senior accountant with the post office and he believes that it is, and is very serious.

Expert:  Nicola-mod replied 1 year ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.

Yes please continue to find the answer, thank you

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Remus2004 replied 1 year ago.
Hi
Thank you for your question. My name is ***** ***** I will try to help with this.
I have read the exchange above. I am a long standing criminal lawyer and I can confirm that the answer you have received is correct.
This is not false accounting. An incorrect document does not amount to false accounting.

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