What to Do If Your Employer Won’t Give You a P45?

When leaving a job, a P45 form is an essential document that provides important information for tax purposes. However, there may be instances where an employer fails to provide a P45. In this guide, we will address common concerns and provide guidance on what to do if your employer won’t give you a P45. 

We will cover topics such as employer obligations, obtaining a P45 from a previous employer, implications of starting a new job without a P45, how long you should wait to be sent a P45, and the role of HM Revenue and Customs (HMRC) in ensuring compliance.

So, if you have been left confused as an employee because you have not received a P45 and left pondering ‘what to do if your employer won’t give you a P45?’ here’s the simple answer: 

If your employer won’t give you a P45, first, communicate with your employer and request the P45 again in writing, providing a reasonable deadline to comply. If they continue to refuse, seek advice from an employment rights organisation or a solicitor, to understand your legal rights and options. You may need to report the issue to HM Revenue and Customs (HMRC) in the UK. Employers are legally obligated to issue P45s. 

So, the short answer is, if your previous employer has not sent you a P45, you should reach out to them directly and request the document. Failing to provide a P45 is a breach of employment regulations. 

Can an employer refuse to send you a P45?

No, employers are legally obligated to provide employees with a P45 when they leave their job. Refusing to give or send a P45 is a violation of employment regulations, and employees have a right to receive this document for tax and employment purposes.

A P45 is a form used in the United Kingdom to record an employee’s income and tax deductions up until the date they leave their job. It is given to employees when they stop working for an employer.

In normal circumstances, an employer is legally required to provide a P45 to an employee upon the termination of their employment. If an employer refuses to provide a P45, they would be in violation of their legal obligations.

However, there might be specific situations or exceptional circumstances where there are delays in issuing a P45 due to administrative reasons or disputes. If you find yourself in a situation where your employer is refusing to provide a P45, it is recommended that you seek advice from a professional, such as a solicitor or a relevant government authority, to understand your rights and explore possible remedies.

How long should I wait for my P45?

Employers are required to issue a P45 without undue delay, but there is no legal time limit. Generally, they should provide it to you on or before your last working day. If you find yourself waiting to receive your P45 within a reasonable timeframe, you should take steps to address the situation.

In most cases, employers typically provide the P45 on or before the employee’s last day of work or shortly after they leave the job. This allows the employee to have the necessary tax information for their next employment or when dealing with the tax authorities.

How do I get my P45 from an old employer?

If your previous employer has not provided your P45, you should reach out to them directly and request the document. Explain the importance of having a P45 for tax and employment purposes. It may be helpful to communicate in writing and keep a record of your correspondence for reference.

Since the introduction of Real Time Information your leaving details will be provided to HMRC electronically. On starting a new job, the correct tax details should be provided to your new employer via HMRC so if there is a delay in getting a P45 from an old employer it might not be a huge issue.

Also bear in mind that if you leave employment in one tax year (6^th April to 5^th April) and start a new job in another tax year the P45 is irrelevant as it cannot be used in the new tax year so unless you need the P45 for another purpose such then it may not be worth the time and hassle factor getting a P45 from an old employer.

How do I start a job without P45?

Starting a new job without a P45 can create complications, especially for tax purposes. Your new employer may require the information from your P45 to correctly calculate your tax code and deductions. Without a P45, you may be placed on an emergency tax code, resulting in over or underpayment of taxes.

This will be a short term measure whilst the year to date figures are not available but could result in you net pay not being the amount you are used to and it could vary from month to the next until resolved.

Are employers legally obliged to provide a P45?

Yes, employers are legally obligated to provide a P45 to employees upon leaving a job. This document contains essential information such as your earnings and tax paid during the tax year. Failing to provide a P45 is a breach of employment regulations.

You might also like: Can a P45 be issued before your final pay?

FAQs on not getting a P45 from an employer

Employer won’t give P45 – what to tell HMRC

If your employer refuses to provide a P45, you should contact HMRC to report the issue. HMRC can take appropriate action to ensure that your employer fulfils their legal obligations. They may intervene and provide guidance to both you and your employer to resolve the situation.

P45 not received – contact HMRC

If you have not received your P45, it is important to contact HMRC to inform them of the situation. They can advise you on the necessary steps to rectify the issue and ensure that you have the required documentation for tax purposes.

How long does it take to get a P45?

In general, employers should provide you with a P45 on or before your last working day . However, the actual timeframe may vary depending on your employer’s processes and efficiency. If you have not received your P45 within a reasonable period, it is important to address the issue promptly.

Conclusion

Receiving a P45 when leaving a job is a fundamental right for employees, as it serves as a crucial document for tax and employment purposes. Employers have a legal obligation to provide employees with a P45 on or before their last working day. If your employer refuses to give you a P45 or you have not received it within a reasonable timeframe, it is crucial to act. 

Contact your previous employer, request the document, and if necessary, escalate the matter to HMRC for assistance. By addressing the situation promptly, you can ensure that you have the necessary documentation for tax compliance and a smooth transition to your new job.