P60

[SMP]

Daughter started new job on 28th March. Her working week is from Friday to Thursday, pay day is weekly the Monday after the Thursday. She did not have her P45 when she started so completed a P46 but then handed in her P45. So first week she was paid from 28th-31st, but employer took no tax or N.I but said he would take it the following week which he did. Employer is now saying he is not responsible for her P60 because he didn't take tax etc until the first week of the new tax year and her old employer should provide it.
Is this correct?
She is having lots of other hassles with him (as are all the staff) i.e having to work 3 weeks without a day off and as from 16th May is expected to work everday til January, with the odd day off as and when he can squeeze it in.This is hotel work.

Thanks

[gingejbee]

The best advice is to contact HMRC on their 0845 helpline, having full details to hand. they are in the best position to give advice. Anything on here would be guesswork and could just confuse the issue.

[maclarencat]

I cant really answer your question but I think she should look for another job . If she is not happy now after only 4 weeks heaven help her in a few weeks. There are laws about the number of hours a week you can work and they can only make you work more if you sign agreeing to it. Were the hours etc not explained to her at her interview?

[R1Geezer]

A P60 is just a notification to the employee, why does she need it at all?

[maclarencat]

Because it shows how much you earned in the year and you are sometimes asked for this as proof of income for mortgages etc.

[gingejbee]

....perhaps she doesn't NEED it, but is ENTITLED to receive it - to confirm what has, or hasn't, been paid.

[R1Geezer]

the P60 can usually be derived from he last payslip so just keep that and she has all she needs.

[dzug2]

The old employer has provided a P45 - he cannot provide a P60 as well

Sounds as though the new employer is going to include the initial pay in 2011/12 - not sure if that's legitimate or not.

If he isn't then she's got a small amount of income that won't be taxed at all unless she declares it

[boxtops]

It's not the same, but her last payslip from her previous employer would have to do as P.60 if none is forthcoming - but I believe that her current employer should be providing her with a P60 showing how much she earned in her previous job, and £0.00 for the current one if he didn't actually pay her in 2010-11. It doesn't sound right to me, his bookkeeping sounds dodgy.
Ring the HMRC helpline, they are very helpful.
His holiday schedules sound illegal too - staff have to be allowed time off. I've worked in hotels and they used to be a bit of a law unto themselves but they can't get away with it. You could also ring ACAS, their website has a lot of useful information on employment law.

[dotty.]

When you say she works every day, does she work full time? I think if she works more than 41 hours a week every week then any hours worked over the 41 are paid at time and a half, not 100% on that but you should check out ACAS.
see also:
http://www.direct.gov...ndTimeOff/DG_10029426

http://www.direct.gov...ndTimeOff/DG_10029451

http://www.direct.gov...ndTimeOff/DG_10028439

[boxtops]

That doesn't work for everyone, dotty - if I do more than 37.5 hours I can claim time back, I don't get extra pay. Every employer will be different on this. I don't know whether hotels have to abide by the working time directive - max 48 hours per week - I know there are some exceptions.

[SMP]

Thanks for the answers. She needs her P60 for tax credits. The new employer gives hand written pay envelopes showing gross pay for that particular week less tax and n.i and the net pay total. No running totals.
Her hours at interview were 6-8 a day split shifts with 1 1/2 days off a week. She doesn't mind extra hours, it's the lack of days off that bother her, she has a little boy.
Her last job she often did 45- 50 hours a week but with days off. She took this job as it was supposedly more sociable hours. It doesn't help that her boss is at loggerheads with his ex missus who is still around the hotel makig for a lovely atmosphere.

[Skyline D]

Yes, the current employer (new employer) should provide details of a P60 for earnings in last year. However, it appears he intends just to include it in the new year. Technically that's not correct but I'm pretty sure it happens a lot and for a single weeks' pay to be reallocated to a different year isn't going to make a significant difference to her tax credits. He should issue a P60 with Nil figures on it for current employment and only her previous employment details if requested though. She may need that for tax credit claims.

Dotty, there's absolutely no requirement for overtime to be paid at an increased rate.

[twix123]

The new employer should supply a P60, showing the earnings from the previous employment plus the 4 days paid at the end of the tax year, although this then wouldn't agree to the amount he has paid to HMRC. To keep his returns correct, the alternative would be to include this payment in this year's tax figures. Had your daughter not started her new job until the start of the new tax year she wouldn't have received a P60 anyway, as she had left her old employer who supplied a P45.

Don't forget that she is also entitled to a minimum of 28 days leave during the course of the year and shouldn't be expected to squeeze it all in between January and March 27th 2012!

[1eyedjack]

To the OP - you say that she "needs the P60 for tax credits". Well this is not strictly true. She has to declare her income, and the declaration form states that she can get the information from the P60. But provided that she has the INFORMATION which would normally be recorded on a P60 (ie payslips) then she should have enough information to fulfil the tax credits compliance.
I have to agree with the other respondents that on the face of it her working conditions appear to breach employment law, but that is another matter. I have to say that it is not that unusual in the hotel trade.

On the PAYE front I sort of have some sympathy with the employer, if he was first provided with a P46 and then later, no doubt after the year end and possibly after he has completed the annual PAYE returns, gets handed a P45.
That said, if she was paid at above the lower earnings threshold (almost certain if not in breach of National Minimum Wage regs and if the individual qualifies for tax credits) then even if there were no deductions there would still be an obligation to file a P14 with HMRC and provide the employee with a P60 (the statutory deadline being 31 May, by the way, so still in time).