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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48776
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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If I provided my new employer with the P45 of my previous

Resolved Question:

Hi, if I provided my new employer with the P45 of my previous employer and a letter of contract of my previous employer, is it legal if they ask me for my personal bank statement as a further proof of my previous salary?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Why do they need your previous salary details?
Customer: replied 2 years ago.
Thank you for replying to me.
They haven't been specific. The first query was to provide them with the P45 provided by my previous employer. I did it and I also included the cover letter of my previous emoyer at the time it gave me the P45.
Having done that, my new employer is now asking for the bank statement disclosing the figure related to the net salary credited from my previous employer.
I believe this is a breach in the privacy as I already provided them with the documentation required by HMRC (the P45).
What's your thought? Is it legal to ask for a bank statement? Please note this request is not to verify my address, but to know what my actual net salary was before.
Thanks
Expert:  Ben Jones replied 2 years ago.
To be honest there is nothing stopping the employer from asking for a bank statement – this is not a breach of privacy. They cannot force you to provide one but at the same time they cannot be forced to employ you if they do not want to. So the risk is if you do not provide the bank statement as requested, they decide not to employ you. You may still have a breach of contract claim against them if they have terminated the contract you had with them and there was no mention of a requirement to provide a bank statement, but that would not stop them from refusing to employ you if they really wanted to.
I would not say that asking for evidence of previous salary is common but there is nothing stopping them from asking for such evidence or making your job conditional on providing it.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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