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James
James, Consultant
Category: General
Satisfied Customers: 4952
Experience:  BSc (Hons)
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I was employed at a pub for around 4 years and left on New

Customer Question

Hi,I was employed at a pub for around 4 years and left on New Year’s Eve 2019. Iv had a few issues with my employer, these are...- the business was suffering from financial struggles around may/June of last year, so I helped by allowing the owner to use my credit cards to help with purchasing stock. This came to roughly £2,500, which has been slowly paid off through minimum payments by the owner at the start of every month. There is still £2,000 remaining and I have been informed that I would receive 4 payments of £500 to clear the balance, starting from next week, what do I do if she doesn’t adhere to this agreement?- I have not received payslips since February of last year, how do I get these from her, as well as my P45?- very strange one, but due to the nature of the business owner and how she was never there, she would send me money to my personal bank account in order to pay staff. From there I would send them money directly to their bank accounts, was this illegal?- whilst I was on payroll, I’m pretty certain the rest of the staff was not, and thus not paying tax. Am I complicit in some form of tax evasion?I was only an employee (general manager) of the business and not a named director or shareholder of the business.Thank you for your help.
Submitted: 15 days ago.
Category: General
Customer: replied 15 days ago.
I have proof of where the money went, what it was used for, and of her tell me in writing I will get it back too.
Expert:  James replied 15 days ago.

£2000 loan - You have something in writing but does it also give payment terms (4 payments and when each payment is due), or was that a verbal agreement? Secondly did the owner state they would pay or the business would pay, as its key to get the owner to by liable no the business (if its in difficulty).

Missing payslips - Yes your employer is responsible for providing pay slips, you should be able to ask your employers accountant normally as they run the payroll for them, but it may be the employer is doing it themself to save money.

Transfer of funds - Its not technically illegal but it becomes very complicated when proving where money is going, for instance if HMRC audited the business bank it wouldnt be unreasonable to assume those payments went to you, and potentially would cause a fair bit of grief for you to prove you not liable for income tax.

Knowingly paying someone who is not paying tax would make you complicit, however if you report the matter to HMRC and explain that you were not 100% sure but certainly under the impression this may be the case and ask them to investigate would show a willing to put things right, would put you in good light. However it may be possible the staff were contractors and working as sole traders, but that is unlikely.

Customer: replied 15 days ago.
Would this still be the case even though I wasn’t a director, just paying the staff on her behalf?
Expert:  James replied 15 days ago.

A director, manage, cleaner the role you have doesnt really matter.

If the task give by your manager (eg business owner) then you were following the ask of the business.

Customer: replied 15 days ago.
I would still be complicit?
Expert:  James replied 15 days ago.

The only difference comes in when it comes into filing tax returns or signing for things on the companies behalf.

Yes complicit as an employee following instructions of the business.

Expert:  James replied 15 days ago.

If you are confident that tax evasion is occurring report your suspicion to HMRC, thats is all you need do to show a reasonable effort to flag up unlawful behaviour.

Expert:  James replied 12 days ago.

I havent heard from you in some time do you require any further assistance, or are you happy for me to mark the question as resolved?