Advice on accountant error please?

Original Post:

Gem87

Free Member
Oct 31, 2018
10
2
I work for my dad's business. I am an employee, not a Director. In October last year, the business decided to switch accountants.

The old accountant didn't submit their final information correctly to HMRC, so instead of simply transferring me to the new accountant, their last RTI told HMRC that my employment ended October 2023, which it didn't. This has resulted in a tax refund of over £1000, that I will now have to pay back. I've also had ongoing problems reconfirming my 30 hours childcare this year, resulting in me having to provide further proof of employment. And more importantly, I stand to lose all my 14 years statutory redundancy in the event the business enters liquidation, which is currently very likely.

The business's current accountant has told me that because it's not their system error, I have to contact the previous accountant and ask them to amend their last submission. I have, they've apologised and told me they'd investigate it. I've heard nothing since and my HMRC portal is still showing the same info. I have also sent all my payslips and FPS submissions to HMRC, in an attempt to prove I didn't leave in 2023.

Am I in my rights to request compensation from the accountants for this error? All I am after is for them to put the problem right and cover the tax I will have to pay back, as I wouldn't be in this situation if it wasn't for them. I did check all my payslips and p60 at the time, before I accepted the refund in July and there was no obvious error. It was only when my 30 hours free childcare came into question that I started to become suspicious and had to do some investigating.
 

Ziggy2024

Free Member
Jul 26, 2024
305
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103
The previous accountant has no obligation nor arguably any right to amend the payroll now they no longer act for the company.

Did the new accountants take over the payroll in Nov 23? Do they do the payroll now? If the answer to those questions is yes, then they are able to sort this with you.

You won't lose your redundancy entitlement so long as the company records indicate the continuation of employment.

Compensation - you would have to claim from your employer who would in turn seek recompense from their adviser. You definitely don't have a claim for the tax you have to pay.
 
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Gem87

Free Member
Oct 31, 2018
10
2
Thank you both for your replies. You both make good points!

I haven’t received a P45, so that would indicate the previous accountants didn’t make the error, but I was just going off what I was told to do/say. The previous accountants contacted me this afternoon and said it wasn’t their system, but are now pointing the blame at our new accountants, who are also denying it’s anything to do with them. So I’m just being passed back and forth. Very frustrating!

I called HMRC again this afternoon. On hold for 33 minutes 😵‍💫 They’ve confirmed they received all my supporting documents and will review. So I’ll probably wait to hear from them now, as I don’t think I’ll get anywhere with the accountants.

many thanks again.
 
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Newchodge

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    Nov 8, 2012
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    Thank you both for your replies. You both make good points!

    I haven’t received a P45, so that would indicate the previous accountants didn’t make the error, but I was just going off what I was told to do/say. The previous accountants contacted me this afternoon and said it wasn’t their system, but are now pointing the blame at our new accountants, who are also denying it’s anything to do with them. So I’m just being passed back and forth. Very frustrating!

    I called HMRC again this afternoon. On hold for 33 minutes 😵‍💫 They’ve confirmed they received all my supporting documents and will review. So I’ll probably wait to hear from them now, as I don’t think I’ll get anywhere with the accountants.

    many thanks again.
    With respect, you are an employee and the accountant should not be discussing this with you.

    You need to complain to your employer (I realise that is your father) who needs to take issue with the accountants they employ to get this sorted.
     
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    Ziggy2024

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    Jul 26, 2024
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    With respect, you are an employee and the accountant should not be discussing this with you.

    You need to complain to your employer (I realise that is your father) who needs to take issue with the accountants they employ to get this sorted.
    To be fair we don't know the OPs role in the company, it could be their responsibility to correspond with the accountant.
     
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    Newchodge

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    Nov 8, 2012
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    It sounds as if the old accountant sent a leaver report about you in October 23. Are you the only employee?
    The new accountant merely needs to amend their November 23 FPS to show you as a starter.
     
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