Let go after 6months and some sick days, company wont provide P45

B

bilic04

Registered User
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My husband was let go from his job 3 weeks ago, he was only with the company 6 months and due to a number of sick leave the company decided to let him go.

He was asked to leave the company start away and they would pay him one week notice and any commission due. He never received a contract when he started with the company and he never pushed them for one. He got an email yesterday that they would not be releasing his p45 as they feel he actually owes them money as they have decided to deducted all sick days from his salary due.

The whole situation has us worried sick.

He has contacted the citizens advice bureau who have sent him out loads of info docs about emplyment rights, from what i can see is as they never gave him a emplyment contract or an employers handbook they are not entitled to deduct this sick pay.

He has been unable to claim jobseekers allowance as he has no p45.

We need to get this money due and his p45 but not sure what road to go down.
 
Re: unemployment

He is legaly entittled to his P45, the employer has no advantage to keeping it.

JB is back dated to one week after the date on the P45, I open for correction on that.

How many sick days did he have in 4 months? Did he hand in sick notes from the doctor?
 
Re: unemployment

he had 3 weeks sick and he gave them sick certs from the doctor and hospital for them.
he has asked for p45 but has been told he owes them the sick pay and a 5 day hols .
 
Re: unemployment

hi i suggest a meeting with your local union official dont have to be member to talk a will know more about your employment rights
 
Re: unemployment

bilic04 said:
he had 3 weeks sick and he gave them sick certs from the doctor and hospital for them.
he has asked for p45 but has been told he owes them the sick pay and a 5 day hols .
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To me the ex employer sounds completely out of order, you should seek professional advice...
 
Re: unemployment

Contact revenue and let them know that previous employer will not give a P45
See here

Extract from above link

"If you are not given a P45 when you leave your job you should first ask your employer for it. If the employer does not supply it you should contact your local tax office. Revenue will contact the employer and obtain your P45 for you. If you have started a new job, Revenue will send you a new tax credit certificate so you will not have to pay emergency tax in your new job."
 
Re: unemployment

bilic04 said:
he has asked for p45 but has been told he owes them the sick pay and a 5 day hols .
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Assuming he worked full time for the 6 months and took no holidays then he should be due 10 days holidays, at least.
 
Re: unemployment

first off I'd make sure I had their request for payment in writing,
if you don't have it, ask them to send out the calculations under holiday and sick pay headings with dates.

I'd ask them for it in a letter from you, also including something indicating they're holding your p45 up. (keep a copy and date all letters)

at least then you have something they can't refute when you go to check legality of them looking for holiday/sick pay money back, or not paying you what was due, and also holding your p45.

or, they'll know you're not a soft touch and just not bother and revenue will sort your p45.

If they owe you any holiday pay, I doubt they can just balance off sick days against it, so if they owe you, I'd chase it.

sounds like a bit of a funny outfit...
 
Re: unemployment

thanks for all your comments.

we are going to contact revenue today about p45. he has saved all the emails in relation to it but we are just not sue if going legal is the correct thing to do , a couple of people have said that it would not be good for his career but he has done nothing why and i dont see why he sould not take it legal.
he is glad to be out of there are it is a very strange company and treat there staff very badly and have a very high turnover of staff .

looks like he has another job to start in a couple of weeks.
 
The company is obliged to give a statement of terms of employment within two months of the start date. You are correct in assuming that he does not have to pay back sick leave paid to him, as if he does not have this statement then he could not be aware of what the company terms & conditions were regarding sick leave.

To be honest, it sounds like they are just trying it on.

You should speak to someone in the Labour Relations Commission, they can advise you of your rights and the best way to proceed with this.
 
the whole situation just gets worse and worse , we received his p45 this morning and it says that the date of cessation is 01/01/07 and says the total tax deducted is 453.59.
and prsi paid 1036.80.

the date of finishing is wrong by nearly 6 weeks. should we just contact revenue at this stage.
 
You may need to talk to a solicitor about an employment tribunal.

http://www.flac.ie

Check where your local free legal advice centre is, and ask do they have competence in Industrial relations.Ask them are you entitled to Free Solicitor (means testing if unemployed).

If you have doctors certs to back you up, monies they paid cannot be reclaimed, also Joe is right, you are entitled to Holiday Pay.
 
bilic04 said:
He has been unable to claim jobseekers allowance as he has no p45.

.
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Get him to go into the SW office straight away and make his claim anyway. Bring all emails etc. It's not his fault that his employer has decided not to give him his P45.


Murt
 
Do as Murt says. Same happened to me & I never recieved a P45. I just went & signed on. The golden rule is always sign on the first day of unemployment.
 
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