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I left my employer and did not work my notice. They said they would withhold my last wage. I did not argue this, and just put it down to experience.

Now today I learn they have told HMRevenue that they DID pay me. I have proof that they did not pay me.

What the heck do I do?? It has affected my Universal Credit payment this month by a LOT (I am now self employed by get UC as a top up as a single parent)

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    You need to be talking to a lawyer about this, not us. – David K Nov 14 '17 at 15:01
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    What was the reason given for not paying your final pay? Was it to cover an advance, or other expenses you did not have proper documentation for? If so they did pay you just used it to cover that debt. – IDrinkandIKnowThings Nov 14 '17 at 15:12
  • @IDrinkandIKnowThings i don't think that is legal in the UK - birkettlong.co.uk/site/library/legalnews/… – bharal Nov 14 '17 at 15:21
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    Just wondering how you can prove they didn't pay you? Proving something didn't happen is often harder than proving something did. – cdkMoose Nov 14 '17 at 15:34
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    Please see the comments in motosubatsu's answer, below. When you say "they would withhold my last wage," are you referring to pay for the last period of time you actually did work, or are you referring to them not paying you for the notice period, that you did not work? Also, did you choose to not work that period, or did they tell you they did not want you to work it (not sure if that makes a difference on whether you are owed for that, or not)? – PoloHoleSet Nov 14 '17 at 16:10
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It sounds like you are able to prove your financial circumstances to HMRevenue. In that case, I think your best option is to deal with HMRevenue and show them your evidence of not being paid. Your concern is your own finances, and anything that occurs with the company you formerly worked for with regard to HMRevenue is their business.

Overall, treat this as a specific issue going on with your personal finances and tax records, and behave accordingly when you speak to the relevant organisations. You don't need to worry about your previous company: if HMRevenue decide they need to follow up with the company, it will likely be a different department to the one that deals with you directly.

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    Plus, if you have an axe to grind with former employer over this, them having to deal with HMRevenue whacking them with a much, much bigger "stick" probably gets one more satisfaction than one could get on their own. – PoloHoleSet Nov 14 '17 at 15:55
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Have you spoken to your former employer about this at all? I ask because this sounds very much like a mistake rather than some sort of vindictive act, especially since telling HMRC that they had paid you for that month would have cost them money since they would have had to pay Employer's NI etc for that period.

If the company won't respond or won't cooperate then I suggest ringing HMRC ASAP to discuss the issue, they aren't fast at sorting this sort of thing out (they are a government bureaucracy after all) but the sooner you start the sooner it's sorted. The Citizen's Advice Bureau is another good resource to contact.

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    Actually, it sounds like a vindictive act - the possibly illegal withholding of wages that were earned is certainly vindictive. Is the reporting to HMRevenue that they did pay "vindictive?" More probably it's a lie to cover up their illegal actions. – PoloHoleSet Nov 14 '17 at 15:53
  • If the OP didn't work that time then they didn't earn the wages though. – motosubatsu Nov 14 '17 at 16:05
  • The question indicated they withheld the "last wage," which would be for the time actually worked, as a penalty for not giving proper notice. If you think OP is referring to not getting paid for the time not worked, perhaps a clarification is in order. I'll ask in comments. – PoloHoleSet Nov 14 '17 at 16:08
  • Also withholding pay when someone doesn't work their notice period is perfectly legal in the UK – motosubatsu Nov 14 '17 at 16:08
  • @PoloHoleSet this is possible, certainly if the OP is referring to wages for any time they actually worked then the company is obliged to pay them for it. – motosubatsu Nov 14 '17 at 16:10

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