My brother-in-law left a role he had in a large company 5 weeks ago and has still not been issued with a P45.
The reason for the delay is that, according to the company, they haven't reconciled the correct final pay cheque correctly as the manager who received the notice letter (12 weeks before the exit date) didn't internally send it on to Payroll in time.
In addition to the delay, it turns out that the company has overpaid my brother-in-law by over 400 euro. Initially they asked for 800 euro, but when this was queried for net/gross they then corrected it downwards. This overpayment was due days being paid beyond the exit date.
They are now looking for a cheque back for the 400 euro before releasing the P45. It sounds a bit like blackmail, and it is annoying that the company is a bit clumsy, but he doesn't dispute the 400 euro now, so is willing to pay it.
However, all this delay has meant that he couldn't register for social welfare in the meantime.
I think he is going to pay the 400 euro regardless, but my queries to him and to AAM are
- is the company within its rights to withold a P45 due to their own internal error?
- should a P45 have been issued originally and then subsequently corrected with a "supplementary P45"?
- although my brother-in-law doesn't dispute the amount owed, he is out of pocket with the social welfare. Can he seek redress with the company?
Thoughts and opinions welcome.
The reason for the delay is that, according to the company, they haven't reconciled the correct final pay cheque correctly as the manager who received the notice letter (12 weeks before the exit date) didn't internally send it on to Payroll in time.
In addition to the delay, it turns out that the company has overpaid my brother-in-law by over 400 euro. Initially they asked for 800 euro, but when this was queried for net/gross they then corrected it downwards. This overpayment was due days being paid beyond the exit date.
They are now looking for a cheque back for the 400 euro before releasing the P45. It sounds a bit like blackmail, and it is annoying that the company is a bit clumsy, but he doesn't dispute the 400 euro now, so is willing to pay it.
However, all this delay has meant that he couldn't register for social welfare in the meantime.
I think he is going to pay the 400 euro regardless, but my queries to him and to AAM are
- is the company within its rights to withold a P45 due to their own internal error?
- should a P45 have been issued originally and then subsequently corrected with a "supplementary P45"?
- although my brother-in-law doesn't dispute the amount owed, he is out of pocket with the social welfare. Can he seek redress with the company?
Thoughts and opinions welcome.