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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46792
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have left a company on 29th July, I chased my P45 and they

Resolved Question:

I have left a company on 29th July, I chased my P45 and they say that I'm not getting it until the end of August as I'm still owed some holiday pay, and because I get paid on 24th of the month and I left after the payroll was run I need to wait until the August pay run to get the holiday pay and then I will get my P45. I am no longer in the employment of this company, can they withhold A) the holiday pay and B) my P45? I had to give up work with PTSD and I need my P45 to reclaim a large amount of overpaid PAYE so I can pay mt bills next month
Submitted: 9 months ago.
Category: Law
Expert:  Ben Jones replied 9 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 9 months ago.

Has your previous employer confirmed that you will definitely be receiving this at the end of August?

Customer: replied 9 months ago.
a lady in payroll said it is due yes
Expert:  Ben Jones replied 9 months ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 9 months ago.
thank you very much
Expert:  Ben Jones replied 9 months ago.

No problem at all

Expert:  Ben Jones replied 9 months ago.

Many thanks for your patience. There is no specific time limit for issuing a P45 but it should be sent to HMRC as soon as possible after the last pay date, and be given to the employee as soon as possible thereafter. The specific law which provides the rules on issuing a P45 state that when an employee ceases employment, the employer must provide a P45 to that employee "on the day on which employment ceases or, if that is not practicable, without unreasonable delay".

The issue is that you cannot force the employer to issue the P45 and there are many instances where they simply refuse to do so. You cannot physically force them to provide this to you. Sadly there is no specific remedy in law if the employer fails to provide a P45. The employee would generally request a copy from HMRC. If the employer fails to file the P45 with HMRC, then the employer may be liable to penalties for failing to file P45. So the best argument you can take up to try and get that is to warn them that failure to issue you with a P45 would leave you with no other option but to report the matter to HMRC and they may then be liable for penalties as a result.

As to the holiday pay they are not really withholding it. There is no specific provision requiring the employer to pay you sooner than the usual pay run that you were getting paid under. So if you have missed the last one then you may have to wait until the next one to get any outstanding pay. You cannot force the employer to pay you sooner – the only way would be to make a claim in tribunal and by the time that is processed and heard, it would be way after the pay date you are likely to be paid on so it would be a pointless exercise.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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

Customer: replied 9 months ago.
But my issue is, I have left their employment, surely I should have been paid up everything I was owed on my final day as I now no longer have any ties with them. They are saying I need to wait til the next pay day, well I don't have a next payday because I no longer work there?
Expert:  Ben Jones replied 9 months ago.

it is the next pay day as per the terms of your employment, so it would be the pay day you would have normally been paid on. Many employers run a payroll only once per month when they pay all the employees' salaries at once and it is certainly not uncommon for them to do this with departed employees as well, on the assumption that they have left after the last pay date. Hope this clarifies?

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46792
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 9 months ago.
ok, thanks, I'll leave feedback
Expert:  Ben Jones replied 9 months ago.

Many thanks

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