I did a month’s work for somebody earlier in the year, and my understanding was that I was an employee. My wages were commensurate with those of an employee. I was paid in cash for the first two weeks and then by company cheque for the second two weeks.
Despite repeated requests, I never received a payslip and I left because I wasn’t happy with the way the company was operating.
I’ve now received a phone call from another ex-employee saying that he suspects the employer hasn’t paid the PAYE and NI contributions due, so what is my position here if this does turn out to be the case? I have had a look on Google and the general consensus of opinion is that it is not an employee’s duty to check whether his employer has been paying the money due to the Inland Revenue, but has anyone ever found themselves in this position, and if so what happened?
I worked for 8 years for a company only to find out when i left they was taking tax and ni every week but only passing some of it on to IR.Tax people not bothered because it was to small amount,one driver could not get dole money because he had not paid enough NI.
Harry Monk:
I have had a look on Google and the general consensus of opinion is that it is not an employee’s duty to check whether his employer has been paying the money due to the Inland Revenue
That’s my understanding too although your lack of a payslip might make it difficult to get your NI credited, IMO.
Harry Monk:
I have had a look on Google and the general consensus of opinion is that it is not an employee’s duty to check whether his employer has been paying the money due to the Inland Revenue, but has anyone ever found themselves in this position, and if so what happened?
Fortunately I’ve never found myself in that position but can confirm for you what you probably already knew and that is that it’s the employer’s legal duty to make those deductions on your behalf.
“If you think that your employer or pension payer has made a mistake in the deduction of PAYE tax which has resulted in the issue of a Tax Calculation (P800) to you, then in some limited circumstances you may not have to pay the underpayment caused by that error.”
A few years back I knew a gang of drivers who found themselves in trouble over their tax & NI deductions. It was only discovered when one of the drivers had a health issue & discovered he wasn’t entitled to any support while he was off work following his surgery. It caused a lot of upset for all concerned.
If you think this is happening to you, I’d go to the CAB or the job centre for advice or enen call the inland revenue & tell them what you believe is going on. It’s your benefits that’ll be jeopardised at the end of the day & why should your employer get away with it.