Advice please

[Saffyre 0]

I am hoping someonee here can advice me how to proceed here as I am in a sticky situation.

I left the UK in July, and left my former employers at the end of June. I worked for a small recruitment company, and at the time I left I was waiting on a small amount of commision to be paid to me based on a lady I got a job offer for.

The company directors agreed that they would pay me the commission in 3 installments. The first would be 350 pounds, at the end of September, followed by two equal payments of 175 pounds each at the end of October and November.

The reason for them doing it this way was to ensure that is the lady left the job within the first two weeks (She started at the end of August) then they wouldn't be able to invoice the client, and therefore I would not recieve my commision. The company ha a two week safety net in place for clients that stated if the person we placed with them left within the first two weeks, they wouldn't have to pay us - despite how much work had gone into finding that person for them.

So, 4 weeks after the lady started work, I got my payment of 350 pounds. All seemed well. I was looking forward to getting paid a little bit at the end of this month, when I got an email from my old boss last Monday. He said that the lady had actually left within the first two weeks, but they hadn't picked up on it - and therefore they were asking for thier money back.

As you can imagine - I no longer have the money to give them....it got spent pretty fast what with all the AOS costs etc.

So, I emailed then and asked them to release my P45 (Tax statement) to my dads house and said that once I had it, I would file for my tax refund, and would pay them back from this money.

Considering it was their mistake in paying me two weeks AFTER the lady left the job, I thought I was being more that reasonable even agreeing to pay them back at all.

There response was to tell me that they wont release my P45 until I have repayed them in full, and they are being ratheer threatening about it.

We simply don't have the money to pay them back - and my tax refund would be about 1000 pounds, more than enough to pay them.

Inland revenue said that they are legally not able to withold my P45 and they will get involved if necessary, and ACAS have told me that they should provide me with proof that I actually owe this money, ratheer than a mere emailing just 'saying so'.....

They don't have my address here in the US, and I am reluctant to give it to them, not because I refuse to pay, but because I am (at the moment) unable to.....and I don't know if i actually should.

What do you all think?

Oh, and they didn't provide me with any kind of pay slip for the money they paid into my account, so I have no idea how it affected my taxes.......they said they don't need to give one????

I'm confused and fed up!

[TayRivers 4]

Let the inland revenue sort out your P45 and tell your ex-employer to take you to court if they want the money. The have no legal right to demand anything from you here in the USA and I highly doubt any court would make you repay money that was paid to you. If your ex-employer even went that far.

[Donna-marie 0]

Let the inland revenue sort out your P45 and tell your ex-employer to take you to court if they want the money. The have no legal right to demand anything from you here in the USA and I highly doubt any court would make you repay money that was paid to you. If your ex-employer even went that far.

i agree good luck

[Welshcookie 17]

I wouldn't worry about it. I agree with the above posters.

[Saffyre 0]

Thanks all. I mean I don't want to seem like i'm trying to run away from debts...but I just don't see that I actually owe this money......

[frali 2]

Good luck!

[wifetobe 2]

Another one to the list that agrees. You need not worry. They can't do $hit. It sounds as though they don't have a pot to pi$$ in and they are trying their chances while you have immigrated. Why should they care about giving you any monies owed? An 'old boss' sounds proper suspect. You know your rights with regards to your P45 so don't let them intimidate you. You said "they didn't provide me with any kind of pay slip for the money they paid into my account." So sod them, I hope you enjoyed the money you spent

[Big Papa Zone 93]

I'm amazed that you even offered to pay it back, tbh. I would have told them to #### off.

[ginger1981 0]

The burden of proof is on the company, not you. I would request that they send you proof of the woman leaving the company.

To me it sounds like your former boss is a bit shady.

[Ban Hammer 13,111]

it's an error on their part. tell them to piss off.

[Mags 112]

I don't think they can legally withhold your P45. Contact the tax office, explain the situation to them and let them handle it.

Good luck!

[Jeraly 4]

Totally agree with everyone else - what proof do they have that they paid it to you and if they have this proof, what proof do they have that they shouldn't have paid it to you. Even if they have this, it is their mistake so realistically they can't do much about it unless they want to fly over to the USA and try and steal money from you I'd not worry about it too much Their fault and their problem - don't give them a penny unless you *absolutely* have to