Ex employer wont give me my P45

Question

I left them on 30th june started a new job since, however, I have had to fill in a P46.

I had to call them and ask where it was, they said they sent it on 30th June.

Then I called them yesterday and they said that they have not sent it, because they think I owe them money, however it is only a small amount they claim I owe (they did not write to me either) however, they said that was the reason why they were witholding it.

They said they sent it yesterday, then they said that they sent it on 30th June!

They then said that they have to send me a statement of earnings.

Can they legally withold my P45?

Plus, will this cause me problems at the end of the tax year, as I have now been put on a basic tax code.

Answer 1

The P46 is an emergency tax form that covers you while you wait for your P45, but until then you will no doubt be taxed more than you need to be.  So in response to the delightfully trolling response above, the P46 may have sorted out one issue but has raised a new one (overpayment) and therefore it's not something to be disregarded or shrugged off.

 

Answer 2

A P46 merely puts you on emergency tax which loses you money which is why some ex employers withold p45's as a final stab even though it's illegal so he's hardly moaning is he!