Previous employer holding P45 due to overpayment of wages

Check your current employer has the correct information form your starter checklist, once that's done there's nothing else with regards to you tax coding that can be done until your old employer issues a P45 with your YTD earnings and tax.

Will do. So if this is my uni's fault and they simply refuse to give me my P45, there's literally nothing I can do? I thought it was against the law for them to not give it to me? I can't afford to lose £120 a month! As nice as it'll be to get a small lump sum back in April, I don't know how I'll manage until then.

I'd also suggest that it is you who is in a position of power in your negotiations with the University regarding the overpayment. In the grand scheme of things (for them), a £286 overpayment is small change, and it's certainly not an amount for which it would be worth starting any sort of legal proceedings to collect. I think they would take a pragmatic stand on this, and be willing to accept any sensible offer of repayment you were willing to make, as that is the easier and cheapest way for them to get their money back. As part of the settlement, you can insist that your P45 is released before you start repayments. If you stand your ground with it I imagine they will capitulate, again because it's simply easier in the end for them to do so.

Thanks for this. I'll try what you said and see if they'd be willing to give me my P45 if I make a repayment plan with them but as mentioned, I did ask about a repayment plan and they just said "we'd really prefer it in full as soon as". Never really thought to push it to be honest but will try this on Monday.

Yes they have to give you one, but it has to be accurate, which it won't be as you've been overpaid. Once you've settled your overpayment, they'll be able to issue you a P45 with the correct YTD earnings and tax, this is not a bad thing, if you've been overpaid then you'll have overpaid tax, so you should get that back within your earnings, provided you settle this before the end of the tax year in April.

Speak to your current employer and check you filled out your new stater checklist correctly, if you have you should be on 1100L week 1/month 1, not 0T (which is the same as BR). Get this sorted and you'll be paying the right amount of tax until they get your P45.

Good - do that. Of course they said 'we'd really prefer it in full', but we all want things in life we don't get! If you play hardball with them and basically say 'this is how it's going to be' you do leave them with little choice. Obviously be polite about it, but leave them in no doubt that if they want their money, they've going to have to compromise with you regarding the P45.

Will do. So if this is my uni's fault and they simply refuse to give me my P45, there's literally nothing I can do? I thought it was against the law for them to not give it to me? I can't afford to lose £120 a month! As nice as it'll be to get a small lump sum back in April, I don't know how I'll manage until then.