How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jenny Your Own Question
Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
32019188
Type Your Law Question Here...
Jenny is online now

Good morning I have a verbal agreement with my employer

Customer Question

Good morning

I have a verbal agreement with my employer for more than two years which is my employment contract
£2300 per month net pay
Car of my choosing ( currently citroen c4 picasso )
Private fuel
Bupa

My employer has misinformed the tax department and my tax code has significantly changed reducing my net pay by approximately £400 per month

the gross salary was estimated by the tax department at start in feb 2011 as £42000
the companys personell officer of the time got a final figure from the HMRC of £40k
this lead to £ 2300 net per month

he refuses to honor the original verbal agreement, will not give a written employment contract, and hides behind the tax department issue the tax codes.

My point is they issue the tax codes on information issued by his company.

I have suffered approximately £1500 lost wages since july last year, have accumulated £2200 debt to HMRC and will loose another approx £250 pe rmonth from april as the tax man wants his money from Me not my employer

How should I proceed

Kind regards
XXXXX XXXXXing XXXXXXXXXXX
Submitted: 4 years ago.
Category: Law
Expert:  Jenny replied 4 years ago.
Hello and welcome to Just Answer,

have you tried contacting the tax office direct?
Customer: replied 4 years ago.


Hi Jenny


 


Yes


 


in my notes above I explain that I have applied for tax relief using ESC A19 which has been rejected as they say they have acted correctly on all the information they have recieved, however they cannot tell me what that is I must apply under freedom of information to get that


 


I have a concern that I still do not have a written contract of employment and a verbal agreement of such matters will be he said she said situation along with recovering the unpaid wages

Expert:  Jenny replied 4 years ago.
Hello you have a legal right to a written statement of terms and conditions and your employer must not act in a manner which amounts to a breach of trust and confidence so they should supply the tax office with the corrrect information in relation your remuneration.

I would suggest you lodge a written grievance about these issues to your employer and say that you think that this is putting a massive strain on the employment relationship. You can also ask your employer to see the information they have sent to the tax office by making a request under the Data Protection Act.

If you employer does not deal with your grievance appropriately then you can apply to the Employment Tribunal on the basis that there has been a breach of the right and the Employment Tribunal then has the power to determine what the employment particulars should be.

If your employer has deliberately given incorrect information to HMRC then this is a serious breach of trust and confidence that would give rise to the right to resign and claim constructive dismissal if they fail to put matters right.

All the best.

Please remember to give positive feedback. I will be happy to answer your follow on questions.
Customer: replied 4 years ago.

Hi Jenny


 


would you consider not honoring a verbal agreement as a breach of trust


 


what proof do I need as to the verbal agreement?


 


Reagrds


JB

Expert:  Jenny replied 4 years ago.
a verbal agreement is legally binding in the same way as a written one is.

Obviously it can be harder to prove if the other party does not agree with what has been agreed.