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Previous employer trying to jeopardise my new career

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    [Deleted User][Deleted User] Posts: 25
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    Paul_DNAP wrote: »
    The best way out of it is to put it behind you.

    Your new firm are understanding and didn't withdraw your job on the bad reference, take the opportunity to review it with the HR manager and point out any outright falsehoods he's put on there.

    Then work hard at your new job so that they give you a glowing reference should you need it in the future, and over time what this nob had done to you will become insignificant.

    And contacting the college is more to let them know the pitfalls of sending someone else to him in the future, not specifically about helping with you directly. Call it the equivalent of you giving him a bad reference.
    I definitely going to see HR this week about the reference. I will also try and put together a letter to the college that gave me the position in the first place. What goes round, comes round.

    On Friday, I also emailed AAT,ACCA, Advertising Standards and CPAA about him falsely showing that he is under these bodies. Today CPAA got back to me saying that he is not under them and they will contact him about it, which is a result. I'm yet to also hear from Trading Standards who I e-mailed last Monday.
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    [Deleted User][Deleted User] Posts: 25
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    Steve9214 wrote: »
    References are covered by the Libel Laws - if written - and Slander laws if verbal (phone conversation etc)

    Ask the old employer to send you a copy of the reference.
    Also get a hard copy from your employer.

    If he does not send you a copy willingly then he has something to hide.
    Is there a law department at your College you could ask the Tutors for some help - or maybe College Student services.
    This sounds right up their alley.
    Who arranged the original voluntary work ? If it was the College then they should help you for putting you into the clutches of this person.

    Most references these days are merely to confirm a person worked where they said they did - the personal opinions are rarely stated due to the libel law position

    One point - check he did actually pay the tax he deducted from you to HMRC.
    If he did not - you still owe the tax, and he has to be arrested for Theft

    I know the Old employer won't provide me with my reference. I'm best to see it through the new employer, as they are happy to let me see it. I'm not allowed a copy of it however due to confidentiality reasons.

    Like I said to another user on here, I am going to try and put together a letter to the college about him, it sounds like a good idea.

    I'd love to check this however, he still hasn't provided me with my P45 and it's been over 2 weeks now. Plus it won't be accurate anyways, he under paid me by 3 days a week. That's another thing I might take action on too.
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    thefairydandythefairydandy Posts: 3,235
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    I would take forward a new attitude about employment OP - have your contract signed and understood, and be prepared to be useful to your company without throwing away your rights!

    I have an excellent working relationship with my employer, but when my pay came late over new year, I was prepared to refuse to return to work until payment of the previous month was made. Your contract outlines the conditions under which you agree to work for them.
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    Steve9214Steve9214 Posts: 8,406
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    Ameena_Q wrote: »
    I know the Old employer won't provide me with my reference. I'm best to see it through the new employer, as they are happy to let me see it. I'm not allowed a copy of it however due to confidentiality reasons.

    Like I said to another user on here, I am going to try and put together a letter to the college about him, it sounds like a good idea.

    I'd love to check this however, he still hasn't provided me with my P45 and it's been over 2 weeks now. Plus it won't be accurate anyways, he under paid me by 3 days a week. That's another thing I might take action on too.

    I would phone up HMRC myself, the branch should be on your payslip and you can google the number quite easily.
    Tax issues can come back to bite you many years in the future - or even affect your pension, There is also NI contributions - were those paid?

    I would definitely tackle the College if it was them who put you in touch with him - Colleges have lawyers at their disposal, so you may get given access to free legal help as "compensation" - cannot hurt to ask !!
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    Pull2OpenPull2Open Posts: 15,138
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    Ameena_Q wrote: »
    Could you explain below tax rate? I'm 25 years old, so I should of been paid £6.50 an hour.

    Why would someone taking accountancy quals and working for an accountants since January 2014 need this explained to them?
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    Steve9214Steve9214 Posts: 8,406
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    Pull2Open wrote: »
    Why would someone taking accountancy quals and working for an accountants since January 2014 need this explained to them?

    Unless they happen to have worked in payroll it is not something you know - unless you have reason for knowing.

    I worked at a company that changed to an insane pay system, where a lt of staff suddenly got changed from an annual payrise, to a single lump sum.

    Nobody in their HR knew that tax is calculated Monthly, so the lump sum of your whole payrise for next year would be taxed at higher rate tax, plus higher rate NI as well. You would get this back in the tax code for "the year after next" so basically they handed over about 75% of your payrise to the Govt to sit on for nearly 2 years.

    It astonished me that NO-one in the HR dept of a major FTSE quoted company knew that tax is calculated monthly.
    I only knew this as I had been made redundant a couple of years before and had issues with being paid holiday pay etc in a lump sum which had copped for higher rate tax. But it is not my job to know this.
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    Keefy-boyKeefy-boy Posts: 13,613
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    Steve9214 wrote: »
    Nobody in their HR knew that tax is calculated Monthly, so the lump sum of your whole payrise for next year would be taxed at higher rate tax, plus higher rate NI as well. You would get this back in the tax code for "the year after next" so basically they handed over about 75% of your payrise to the Govt to sit on for nearly 2 years.
    Income tax is calculated on an annual cumulative basis, and depending on when in the tax year the lump sum was paid may temporarily result in a higher rate of tax being paid, it would work itself out by the end of the tax year it was paid and nobody would be worse off. NI is calculated on a weekly non-cumulative basis and if the lump sum was paid over the threshold they would likely end up paying less NI than had the amount been spread over the year.
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    [Deleted User][Deleted User] Posts: 25
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    Pull2Open wrote: »
    Why would someone taking accountancy quals and working for an accountants since January 2014 need this explained to them?
    Not everyone who is trained in accountancy knows anything about payroll unless you're trained specially to work in Payroll. I was never trained in payroll, but just in bookkeeping, VAT Returns and Bank Reconciliations.
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    LushnessLushness Posts: 38,170
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    The ex employer is legally obliged to show you the reference, not just the reference but indeed, any data that the employer holds on you. All you need to do is write and request a subject access report and mention the data protection act, fee is about £10. However your old boss sounds like such a charlatan he'll probably claim that he's lost the paperwork.
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    Pull2OpenPull2Open Posts: 15,138
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    Ameena_Q wrote: »
    Not everyone who is trained in accountancy knows anything about payroll unless you're trained specially to work in Payroll. I was never trained in payroll, but just in bookkeeping, VAT Returns and Bank Reconciliations.

    So, you'd still be in a better position to work out/understand tax than the average Joe.
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    Rae_RooRae_Roo Posts: 1,185
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    Ameena_Q wrote: »
    I know the Old employer won't provide me with my reference. I'm best to see it through the new employer, as they are happy to let me see it. I'm not allowed a copy of it however due to confidentiality reasons.

    Like I said to another user on here, I am going to try and put together a letter to the college about him, it sounds like a good idea.

    I'd love to check this however, he still hasn't provided me with my P45 and it's been over 2 weeks now. Plus it won't be accurate anyways, he under paid me by 3 days a week. That's another thing I might take action on too.

    P45 can take a while to come through, I had one take several months before, due to the payroll department.

    Informing the college of the dubious processes at your old employer is wise, I wouldn't be overly concerned about the poor reference now. If the current employer is happy, then that'll be the reference that matters when you move on again. I've never required more than my current employer's reference in a new job, so it shouldn't matter in most cases from now on.

    I do see you go on about this underpaid, and doing 4 days work for 1 days money... I do have to question WHY anyone would do that? There are always other options work wise, it shows a bit of poor character to me as a prospective employer, that anyone would just blindly go along with that, in addition to the legality of the issue. I'd be maybe questioning WHY anyone would be so naive/foolish, it might make me doubt their competency, it's not as if your 16 and entering your first job, which is still a poor excuse. You do have a personal responsibility as well as the employers imo.
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    [Deleted User][Deleted User] Posts: 25
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    Rae_Roo wrote: »
    P45 can take a while to come through, I had one take several months before, due to the payroll department.

    Informing the college of the dubious processes at your old employer is wise, I wouldn't be overly concerned about the poor reference now. If the current employer is happy, then that'll be the reference that matters when you move on again. I've never required more than my current employer's reference in a new job, so it shouldn't matter in most cases from now on.

    I do see you go on about this underpaid, and doing 4 days work for 1 days money... I do have to question WHY anyone would do that? There are always other options work wise, it shows a bit of poor character to me as a prospective employer, that anyone would just blindly go along with that, in addition to the legality of the issue. I'd be maybe questioning WHY anyone would be so naive/foolish, it might make me doubt their competency, it's not as if your 16 and entering your first job, which is still a poor excuse. You do have a personal responsibility as well as the employers imo.
    If I'm being very honest with you, I really don't know why except knowing I didn't want to be sitting at home when I could be gaining some experience, and it felt like my only option at at time.

    You wouldn't believe how much I beat myself up about the payment issue. I had discussed it with my employer in the past but it was never resolved and before I knew it, I left the company due to receiving a new job. I guess I also never saw a self worth till now. Like in 6 years that I've worked, I never really put myself first towards the employer because it would be too much of a hassle to take action or speak up. Now I'm at a point where I'm fed up and yes, I made that mistake and I wish I never worked for him.
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    [Deleted User][Deleted User] Posts: 25
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    Pull2Open wrote: »
    So, you'd still be in a better position to work out/understand tax than the average Joe.
    Are you trying to patronize me?

    I already told you that I'm not trained to know anything about payroll, my course didn't teach me that either. Yes I learnt about Tax as well, but they don't teach you the specifics when it comes payroll. If I do want to know more about payroll, I would have to do a separate course.
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    [Deleted User][Deleted User] Posts: 25
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    I'll give a mini update on what's been going on.

    Firstly as some might know, I contacted Trading Standards last Monday and contacted Advertisement Standards, ACCA, AAT, CPAA about his false practise, he advertises on his website that he is under all of the above when he is not.

    Last night I received a text message saying 'Nice Try, Let's Go'. I though nothing of it but felt suspicious so I asked a friend to text the number back asking who this is. A message was received straight back saying the following:-

    "Do not get involved. This is a legal matter between me and the person in question. Any involvement between yourself will be noted"

    At this point I'm thinking it IS my employer as he does have my number and who else do I have a possible 'legal' issue with? Straight after I received a text saying 'At least have the decency to Respond to me yourself'...now I'm in my mind it's definitely him, I chose to ignore the message to not feed into this person.

    Today I received 2 e-mails, first one from CPAA confirming that he is not under them and that they will be in contact with him. The second e-mail was from the Advertising Standards stating that they will assess my claim and will get back me in the next ten days as to whether they will proceed action. I'm yet to hear from ACCA, AAT & Trading Standards.
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    Steve9214Steve9214 Posts: 8,406
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    Ameena_Q wrote: »
    I'll give a mini update on what's been going on.

    Firstly as some might know, I contacted Trading Standards last Monday and contacted Advertisement Standards, ACCA, AAT, CPAA about his false practise, he advertises on his website that he is under all of the above when he is not.

    Last night I received a text message saying 'Nice Try, Let's Go'. I though nothing of it but felt suspicious so I asked a friend to text the number back asking who this is. A message was received straight back saying the following:-

    "Do not get involved. This is a legal matter between me and the person in question. Any involvement between yourself will be noted"

    At this point I'm thinking it IS my employer as he does have my number and who else do I have a possible 'legal' issue with? Straight after I received a text saying 'At least have the decency to Respond to me yourself'...now I'm in my mind it's definitely him, I chose to ignore the message to not feed into this person.

    Today I received 2 e-mails, first one from CPAA confirming that he is not under them and that they will be in contact with him. The second e-mail was from the Advertising Standards stating that they will assess my claim and will get back me in the next ten days as to whether they will proceed action. I'm yet to hear from ACCA, AAT & Trading Standards.

    Definitely go and see the College.
    Talk to you tutors if you can.
    They put you in touch with this guy - have they had other complaints from past students?
    He is clearly a liar and a bully - harldy the kind of person to be putting young, impressionable students to work for.
    Did you sign anything when working for him ?, sounds like the sort of guy to get someone to take the fall for a scam.

    One final thought - do you know anyone with contacts in the Police. ?
    If he is doing dodgy stuff to you then who knows what he might be part of.
    Maybe an "off the record" interview with a local journalist, if you have one that covers business.
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    tealadytealady Posts: 26,267
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    Pull2Open wrote: »
    Why would someone taking accountancy quals and working for an accountants since January 2014 need this explained to them?
    Because AAT, is only an introduction and detailed payroll calculations are probably not part of the syllabus. Besides which, income tax is mainly an employee issue, it isn't really an accounting issue (apart from a figure on the balance sheet) as you are only interested in the gross cost of an employee.

    I asked someone in HR what the standard NI band is for a pensionable person. The reply was "I only do policy, you'll have to ask someone in payroll or google it " :eek: :eek:
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    Rae_RooRae_Roo Posts: 1,185
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    I'd definitely not have any further direct contact with him, since your updated info. Either yourself or through a friend etc, I'd be wary in case things go badly for him, and he attempts claims of harassment or such.
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    [Deleted User][Deleted User] Posts: 25
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    Rae_Roo wrote: »
    I'd definitely not have any further direct contact with him, since your updated info. Either yourself or through a friend etc, I'd be wary in case things go badly for him, and he attempts claims of harassment or such.
    Yes since I left the company, I've not spoken a word to him at all. All I've done is what I've said above. I know if I say anything to him, he'll use it against me so I'm not giving into that.
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    Pull2OpenPull2Open Posts: 15,138
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    Ameena_Q wrote: »
    Are you trying to patronize me?

    I already told you that I'm not trained to know anything about payroll, my course didn't teach me that either. Yes I learnt about Tax as well, but they don't teach you the specifics when it comes payroll. If I do want to know more about payroll, I would have to do a separate course.

    Just an observation. Just seems odd to me that someone working in accountancy needed someone on an internet forum to advise them on a basic tax/income issue.
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    soap-leasoap-lea Posts: 23,851
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    Ameena_Q wrote: »
    No I am not making it up. I feel like I have to repeat myself here.

    January 2014 - December 2014 I volunteered
    January 2015 - July 2015 (We had a verbal agreement that I would do 4 days a week while being paid for it, I passed my p45 to him to make sure I would be tax correctly. I would hae money come to my account every month and I had pay slips.

    The reason why it changed from volunteering to paid was for both of our interests, he needed someone full time and I needed more experience. He pretty much told me he wanted me full time during my volunteer time.

    When he did start paying me, he should of paid me for 4 days a week when he only paid me for 1 day a week. Contacting the college who arranged my placement will do nothing to my problem.

    I feel like accountancy is the wrong career move as you can't add up :o

    oh and why are you paying tax when you do not earn enough to pay tax?

    it wasn't voluntary that you worked there it was part of your college course/apprenticeship/work based learning.

    but you changed your story again.....


    edit, I just googled level 3 & 4 course syllabus for aat.. did you fail your course cos there is no way you could of passed with your comments about tax
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    [Deleted User][Deleted User] Posts: 25
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    Pull2Open wrote: »
    Just an observation. Just seems odd to me that someone working in accountancy needed someone on an internet forum to advise them on a basic tax/income issue.
    Who said I ask for advise regarding tax/income rate? You asked me about it and I answered
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    Pull2OpenPull2Open Posts: 15,138
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    Ameena_Q wrote: »
    Who said I ask for advise regarding tax/income rate? You asked me about it and I answered

    I think you need to review the thread. You asked someone to clarify pay/tax on page one.
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    [Deleted User][Deleted User] Posts: 25
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    soap-lea wrote: »
    I feel like accountancy is the wrong career move as you can't add up :o

    oh and why are you paying tax when you do not earn enough to pay tax?

    it wasn't voluntary that you worked there it was part of your college course/apprenticeship/work based learning.

    but you changed your story again.....


    edit, I just googled level 3 & 4 course syllabus for aat.. did you fail your course cos there is no way you could of passed with your comments about tax
    This is really funny to read. I never changed my story. I guess I have to explain myself one again.

    I DID volunteer placement from JANUARY 2014 - DECEMBER 2014 2 days a week. There was no apprenticeships, there was no work based learning. This was meant to be a volunteer position that was advertised through the college to help us students with experience . Then in JANUARY 2015, my employer and me had a verbal agreement that I would work 4 days instead of 2 days which was meant to be paid. He was suppose to give me a contract at this point and he didn't.

    Not once I mentioned myself that I was doing an apprenticeship, I would of had a contract with the college but I didn't.

    Exactly why would I pay tax when I was meant to be earning national minimum wage? That's because I wasn't pay tax because I was paid national minimum.

    No I passed my Level 3 with flying colors and I stopped studying Level 4 to start this new job for now thank you very much. Please somebody tell me when I changed my story, please tell me I'll be happy to answer to your replies.
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    [Deleted User][Deleted User] Posts: 25
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    Pull2Open wrote: »
    I think you need to review the thread. You asked someone to clarify pay/tax on page one.
    Yeah I saw, I know I can only type my words but I was being sarcastic lol
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    scottie2121scottie2121 Posts: 11,284
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    The person you worked for on a voluntary basis then as an employee, was it within a company or was he a sole self-employed accountant?

    Did you pay tax and NI?

    What tax code were you on?

    Did anyone else work for him?


    He sounds very suspicious.
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