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DODGY EMPLOYER - MONEY OWED, NO P45

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  • 05-06-2014 1:26pm
    #1
    CarrieDzzz
    Registered Users Posts: 95 ✭✭


    THERE ARE A NUMBER OF ELEMENTS TO THIS ONE, THIS IS THE SHORTEST VERSION OF AN EXPLANATION I CAN MANAGE.

    SO THE BACKGROUND:- MY PARTNER HAS BEEN WORKING FOR THE SAME COMPANY FOR THE PAST 3 YEARS. HIS BOSS, WAS NEVER FORTHCOMING WITH WAGES. I THINK ONCE IN THE THREE YEARS HE GOT A PAY SLIP. SOME WEEKS HE WOULD PAY THEM, OTHER TIMES HE WOULD GIVE IT TO THEM A FEW WEEKS LATER. HE ALWAYS PAID BY CHEQUE AND ON MANY OCCASSIONS THE CHEQUE WOULD BOUNCE, ADDING TO ACCUMLATING PAY ALREADY OWED. BECAUSE OF THE NATURE OF THE BUSINESS, HE COULD BE WORKING A WEEK ON, A FEW DAYS OFF AND A WEEK ON.

    IN JANUARY TIME WE WERE APPLYING FOR A MORTGAGE AND NEEDED A P60 – WE ONLY RECEIVED THIS LAST WEEK. HIS BOSS USED EVERY EXCUSE UNDER THE SUN. OBVIOUSLY HE HADNT PAID PRSI FOR 2013. WE RECEIVED THIS LAST WEEK.

    WHEN HE REQUESTED THE P60, THIS WAS THE LAST TIME MY PARTNER WORKED FOR THIS COMPANY. HIS BOSS TOLD HIM THAT HE HAD GONE THROUGH THE FIGURES WITH HIS ACCOUNTANT AND IT DIDN’T PAY HIM TO EMPLOY HIM…. (IE WITH PRSI ETC). MY INITIAL REACTION IS THAT THIS WOULD BE REDUNDANCY? AT THIS TIME, HE SAID HE WOULD SEND THE P45 WITH THE P60.
    HE IS STILL WORKING AND HAS NOW SOMEONE ELSE WORKING FOR HIM.

    GIVEN THAT IT TOOK 5 MONTHS TO GET HIS P60, WE ARE NOW WAITING ON HIS P45.

    I NEED TO KNOW WHERE WE CAN GO FROM HERE FOR A. THE MONEY MY PARTNER IS OWED. B. THE P45 AND C. POSSIBLY REDUNDANCY.

    ANY ADVICE WOULD BE APPRECIATED.


Comments

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    #2
    Kimbot
    Moderators, Computer Games Moderators, Social & Fun Moderators Posts: 18,452 Mod ✭✭✭✭Kimbot


    Get in touch with a solicitor asap to be honest.


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    #3
    TimeToShine
    Registered Users Posts: 4,881 ✭✭✭TimeToShine


    WHY ARE YOU TYPING IN CAPITALS.

    Agree with the above.


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    #4
    CarrieDzzz
    Registered Users Posts: 95 ✭✭CarrieDzzz


    TimeToShine wrote: »
    WHY ARE YOU TYPING IN CAPITALS.

    Cause I'm very angry :(


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    #5
    blindsider
    Registered Users Posts: 2,017 ✭✭✭blindsider


    Go to a solicitor and/or NERA.

    You could also contact Revenue re the P45.

    Working without receiving a payslip is always going to end in tears.

    Typing in CAPS puts people off reading your post. :mad: is much more effective.


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    #6
    Mrs OBumble
    Registered Users Posts: 25,714 ✭✭✭✭Mrs OBumble


    CarrieDzzz wrote: »
    Cause I'm very angry :(

    Yeah, but you're not angry with us :-)





    <moderation> In general, please don't post in all caps. </moderation.


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    #7
    Skybox
    Registered Users Posts: 109 ✭✭Skybox


    In terms of the money and redundancy that your partner is owed, completely agree with previous posters and go straight to a solicitor.

    Playing Devil's Advocate in terms of the P45. If your partner did not work for his employer in 2014, I would think that a P45 is completely redundant. If your partner gets a new job, he would apply to his local tax office for a tax credits cert for 2014. The employer could have inserted a date of leaving when preparing the P35 (this is a sumamry of all employees who worked for the employer in a given year) which does not show up on the P60.


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    #8
    stevenmu
    Moderators, Society & Culture Moderators Posts: 9,689 Mod ✭✭✭✭stevenmu


    I definitely think you need to talk to a solicitor and/or NERA.

    In the meantime, you and your partner need to look at his contract in detail assuming he has one. I have a sneaking suspicion that his employer will try to claim that your partner was actually a subcontractor to him not a direct employee, which would mean he should be managing his own tax and finances. So you should be looking for any evidence you can that proves otherwise, such as contract, pay slips, p60, p45 etc, and have as much paperwork as possible to show to a solicitor/NERA.


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    #9
    blindsider
    Registered Users Posts: 2,017 ✭✭✭blindsider


    stevenmu wrote: »
    I definitely think you need to talk to a solicitor and/or NERA.

    In the meantime, you and your partner need to look at his contract in detail assuming he has one. I have a sneaking suspicion that his employer will try to claim that your partner was actually a subcontractor to him not a direct employee, which would mean he should be managing his own tax and finances. So you should be looking for any evidence you can that proves otherwise, such as contract, pay slips, p60, p45 etc, and have as much paperwork as possible to show to a solicitor/NERA.

    Very possible Steven - contract Of service versus contract For service.

    Again, a decent Emp Law solicitor should be able to demostrate "of service" fairly easily.


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