Employer not paying my PAYE and NI

kware1983

I have worked for my employer for 5 years and I have only just found out that HMRC have no information regarding this employment. Basically, HMRC think I'm unemployed. I only found this out as I am entitled to 30 hours free childcare for my son from September, but when I applied HMRC said I didn't qualify as I was unemployed. I then rang the PAYE and NI HMRC departments and they confirmed that they have received no payroll information or contributions since 2012 (the date when I left my previous employer). I have received payslips every month (apart from the 9 months when I was away on maternity leave as they were not posted to me) and P60's every year, which shows my PAYE and NI deductions.

I raised these findings with my employer (we are a small company, no payroll or HR department) and she said that she just needs to re submit everything, but this was 3 weeks ago and she still hasn't done anything and doesn't seem to care. She has said that she's been paying HMRC the contributions, but I think she is lying.

I realise that I need to leave and find a new job, which I am in the process of doing. However, where do I stand with my NI contributions, as I have massively underpaid NI for my state pension? The childcare issue has been resolved as I sent them proof of my payslips and bank statements. I have sent HMRC all of my P60's as they requested, but what will happen now?

If she liquidates the company, where do I stand? I suspect this is what she will do as I have found out that she has set up a new Limited company.

I will also state that the other 3 employees have discovered they are in the same situation.

steveaich

I would be seeking legal advice from an employment specialist. If you are in a union great, but I suspect you won't be.

The ACAS helpline may be able to advise

http://www.acas.org.uk/index.aspx?articleid=2042

If she does liquidate the company your wages, and contributions, and redundancy have the highest level of protection. If the liquidated company is unable to pay these there is a government claim service, but i don't know the full details. She would be on very shaky ground to just wind up one ltd company and set up another, it already sounds like she may have committed fraud!

https://www.gov.uk/claim-redundancy

chris_nuttall

I take it there was no pay/wage slips and were you paid via the bank or cash? I had it a few years ago and sent the pay slips I had been given. From memory it must have been sorted out as I can't remember HMRC chasing me.

MrsV

Pretty sure that your NI contributions will have been covered anyway since you've been eligible for child benefit (and until your youngest child reaches 12). You can also buy up to the most recent 6 missing years (worst case).
If she's been deducting money and not passing onto HMRC surely it's fraud and they will need to pursue her?