Leaving job and P45

Brum Man · 6 Feb 2007 at 23:19

I was just wondering if any knows if there is any law/regulation about how long after leaving a company that they have to provide you with your P45?

To cut a long story short, I've just left my old job last Friday and started a new one yesterday. The one problem that I have is that in my old job my boss forgot to tell payroll that they owe me 2 days pro-rata holiday from January. Now I managed to get him to call them today and tell them this and they have agreed to pay it to me, however apparently I have missed the cut off date for this month to be paid it, with the cut of date being the 1st to be paid on the 14th so they're going to have to pay me in March.

Now as you can imagine I am pretty pee'd about this any way as I want to get the money ASAP, but it also got me thinking that surely they can't send me my P45 until they have paid me all the money the owe me can they as otherwise it would not have all the correct info about how much tax I have paid etc......

Which leads me to the questions, will my new job emergency tax me without a P45, and is there any legal time frame that my old job should have to give my one from leaving the job?

Bobster · 6 Feb 2007 at 23:22

Can't you just fill in a P60 or whatever it is at your new job?
I am by no means an expert but it's something like that.

Brum Man · 6 Feb 2007 at 23:32

I filled out a P65 or something like that with my new company before I started so I supposed that might at least stop me getting emergency taxed.

The real crux of it is that I want to get the pay that they owe me as quickly as possible and get my P45 off them to show that I have finished with them, and was just wondering if there was anything I could go to them with short of me just ringing up and whinging at them which will be a last resort!

Brum Man · 7 Feb 2007 at 18:15

No one have any ideas?

dirtydog · 7 Feb 2007 at 18:18

I'm not sure mate, but don't sweat it because you'll get the tax back.

secretspy · 7 Feb 2007 at 20:42

I don't know if there is a "legal limit" on how long a company can take to issue a P45 but at the company I work for, due to the type of work it is, we don't issue P45's unless people request them though I think we have an agreement on this

Have you tried calling the Inland Revenue to find out what you would be taxed while you wait for your P45. though as dirty dog said it should be refunded to you

And no they wont be able to issue a P45 until you have been paid.

Cody · 7 Feb 2007 at 22:02

Took 2 weeks to get mine and a week to get my wages, one time I turned up at 1.30 and was told to come back at closing time, did and was told that it wasn't done as the person who filled in the form had gone home.

kinggost · 7 Feb 2007 at 22:11

I been at my new job for few months sent my p45 off straight away ive rung them few days ago they sed they aint got it so i filled in a p46. A p46 is when you go to new job and you havnt got p45 and they can get you on lower tax code when you fill out the form until they sort you out your full tax code.

MNuTz · 7 Feb 2007 at 22:20

If you do not hand in a P45 with your current tax code on it you will be put on emergency tax and will sign a P46 (i think).

However, because they already know that they will be paying you only 2 days holiday pay they should be able to figure out how much Tax and NI you will pay on that and should be able to write you a P45 now covering those 2 days.

Thats assuming that they arent as useless as the majority of HR/Payroll depts.

My boss is owed 50 hours overtime from December and they havent taken tax off my pay in over 5 weeks. Ive had to contact them about it and ive been put on emergency code again until its sorted :rolleyes: