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Ask Your Own Question, Chartered Certified Accountant
Category: Tax
Satisfied Customers: 5115
Experience:  FCCA - over 35 years experience as a qualified accountant (UK based Practitioner)
Type Your Tax Question Here... is online now

Good afternoon, my daughter works for the local pub as a waitress.

Customer Question

Good afternoon, my daughter works for the local pub as a waitress. The pub changed hands last week and she is continuing to work for the new owner. He has said that he will not pay her unless she can produce a P45. She does not have a P45 as her previous employer did not give her anything.Can the new owner refuse to pay her?
Submitted: 4 years ago.
Category: Tax
Expert: replied 4 years ago.
Hello and welcome to the site.
Thank you for your question.

The owner can not refuse to pay her for the hours worked. In the absence of a P45 or a P46 the employer could apply:

- BR code meaning all income is taxed at the basic rate currently 20% OR

- 0T code - this code is used when your allowances have been used up or reduced to nil and your income is taxed at the relevant tax rates. May also be used if you've started a new job and don't have a form P45 or haven't completed a form P46 before your first pay day OR

- Emergency code -
sometimes your employer will have to use an 'emergency' or 'special basis' code until HMRC has worked out what your tax code should be. This can happen if you start a new job and don't have a P45 for example. While you're on an emergency code you'll get the basic Personal Allowance - this may or may not be right for you. Once HMRC has details of your previous income and tax for the tax year, they'll send your employer (and you) your correct tax code. Your employer will deduct the right amount of tax in future and pay you any refund you are due.

My advise to your daughter would be to talk to the new employer and ask him/her to submit a P46 and get a tax code from HMRC.

More information on tax codes can be found here

I hope this is helpful and answers your question.

If you have any other questions, please ask me – I’ll be happy to respond.

Expert: replied 4 years ago.

Good morning Pete

I notice you have viewed my response to your original question “can the new owner refuse to pay your daughter as she does not have a P45” (JACUSTOMER-wk10mxi7- Last Viewed on 04/09/2013 at 16:12).

Just checking to see if your daughter was able to resolve the tax code issue with the new employer and if you have any issues relating to your question that I may not have addressed. Please let me know if I can be of further assistance.

If you are happy and there are no more issues I will appreciate if you would kindly rate the service I provided to ensure I get paid for it.