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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50209
Experience:  Qualified Solicitor
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I retired 4 11 16 from U K Ind. Supplies Avonmouth Bristol.

Customer Question

I retired 4 11 16 from U K Ind. Supplies Avonmouth Bristol. AFter repeated requests for my P45 and P60 I have still not received them.
Please could you give me some advice
MArk Ellard
Submitted: 11 months ago.
Category: Law
Expert:  Ben Jones replied 11 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 11 months ago.

Have you been told why they are unwilling to send them?

Customer: replied 11 months ago.
Expert:  Ben Jones replied 11 months ago.

There is no specific law for the provision of a P60. However, according to regulation 36 of the Income Tax (Pay As You Earn) Regulations 2003, if an employee ceases employment, their employer must provide them with a P45 "on the day on which employment ceases or, if that is not practicable, without unreasonable delay".

What is reasonable would depend on the circumstances but it likely that HMRC would generally consider it unreasonable if the P45 was not completed and sent out immediately after tax and any other deductions are calculated (usually once the final pay run for the employee has been completed).

If an employer does not issue a P45 as required, HMRC can be informed and they will make attempt to get the P45 from them. If they fail to co-operate with HMRC they can potentially be fined.

In the meantime the employee can use their payslips as evidence of tax deducted or earnings over a period and should get further guidance from HMRC in terms of what they can do if the P45 is not supplied at all.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Expert:  Ben Jones replied 11 months ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here or select 3, 4 or 5 stars above so that I am credited for the time which I have spent assisting you. I can still answer follow up questions if needed. Many thanks

Expert:  Ben Jones replied 11 months ago.

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks