Former employer refusing to issue P45

Reverend Paul · 11-01-2008 3:18pm #1

Hi all,

I have a problem regarding my former employer. I resigned last November following a dispute (it would take too long!!), and have been waiting for a P45 ever since. I contacted them last Monday, and they replied today that I had received an overpayment, and they would not issue P45 until this matter had been "dealt with'.

As you know, no P45 = no unemployment benefit. To complicate matters, my former employer was a government department.

Does anyone know if they have the right to refuse to issue P45, even if there are outstanding issues?

Many thanks,

Paul

Barlow07 · 11-01-2008 3:21pm

Reverend Paul wrote: »

Hi all,

I have a problem regarding my former employer. I resigned last November following a dispute (it would take too long!!), and have been waiting for a P45 ever since. I contacted them last Monday, and they replied today that I had received an overpayment, and they would not issue P45 until this matter had been "dealt with'.

As you know, no P45 = no unemployment benefit. To complicate matters, my former employer was a government department.

Does anyone know if they have the right to refuse to issue P45, even if there are outstanding issues?

Many thanks,

Paul

Contact the Tax or Revenue office and explain that your former employeer is refusing to issue you with your p45, i think they will contact him directly for you as its illegal if i'm not mistaken. Maybe someone can confirm this though?

faceman · 11-01-2008 3:25pm

Yes thats correct, its illegal to withhold it. More info here. Contact the tax office and let them know.

http://www.citizensinformation.ie/categories/employment/employment-rights-and-conditions/pay-and-employment/no_P45_no_P60

Reverend Paul · 11-01-2008 3:59pm

Thanks lads,

I'll have to contact Revenue on Monday. My brother in law told me just now that I am still technically in their employment if they do not give me a P45. This sounds a bit odd. Though I'd dearly love to show up for work on Monday, just to wreck their heads!!!

Nolanger · 11-01-2008 8:57pm

You could still receive Unemployment Benefit without needing a P45.
A Social Welfare Office has a record on the computer system of your employment history. If there is a finish date for your last job on the system than they usually do not usually need the P45. Your former employer may have notified the Department already.

Barlow07 · 11-01-2008 9:16pm

Reverend Paul wrote: »

Thanks lads,

I'll have to contact Revenue on Monday. My brother in law told me just now that I am still technically in their employment if they do not give me a P45. This sounds a bit odd. Though I'd dearly love to show up for work on Monday, just to wreck their heads!!!

Good luck and dont forget up to update us, id be interested to know what happens next.

Kristopherus · 11-01-2008 9:21pm

Faceman is correct. Furthermore your former employer is obliged by law to issue a P60 to you before 31st January.

rob316 · 28-01-2008 8:14pm

Maybe you could help me here. So long story short I left my last job in the last week of August last year. Would you believe I still havnt recieved a P45, I'm going taking it to the revenue tomorrow. Anyway I worked for another company for November and December. I told the tax office about this and they put me on a week 1 basis to avoid emergency tax. So do I recieve my P60 from my last employer or the one before that who still has my P45?

Thanks

Reverend Paul · 05-02-2008 6:03pm

Hello Everyone,

Sorry about my late reply. I've been to see a solicitor in the meantime, so I didn't want to talk about it too much. Anyway, the situation is still the same, so I'm going in tomorrow to see if we can reach a deal. If not, then that will mean full blown legal action. Solicitor says we could pursue them for harassment and loss of earnings. More tomorrow.

Blk150 · 05-02-2008 9:11pm

I went through the same thing with an employer last october.I left the job in August and they withheld my P45 from me.Anyways it took legal action and bringing them to court to get it from them.Revenue where no help at all.Got the P45 and 3500 euro damages for loss of earnings.Dont let them get away with it mate

Reverend Paul · 07-02-2008 4:41pm

Blk150 wrote: »

I went through the same thing with an employer last october.I left the job in August and they withheld my P45 from me.Anyways it took legal action and bringing them to court to get it from them.Revenue where no help at all.Got the P45 and 3500 euro damages for loss of earnings.Dont let them get away with it mate

Thanks Blk150,

I'm off to see my solicitor tomorrow. I think it's unfortunate that a government department can think they can do this kind of thing.

AARRRGH · 07-02-2008 5:27pm

I don't really understand why you need a solicitor?

I've been in jobs where I lost my P45, and other jobs where I wasn't given a P45. I just rang revenue and got them to update my details. I remember it was very easy.

Have you tried to do this?

Don't ask them to force a P45 from the old employer, just get them to update your details.

Reverend Paul · 07-02-2008 6:17pm

dublindude wrote: »

I don't really understand why you need a solicitor?

I've been in jobs where I lost my P45, and other jobs where I wasn't given a P45. I just rang revenue and got them to update my details. I remember it was very easy.

Have you tried to do this?

Don't ask them to force a P45 from the old employer, just get them to update your details.

That might work in cases of lost/missing P45s or administrative error, but my (former) employer is deliberately withholding it (I can't say exactly why). This is by all accounts against the law, hence the need for a solicitor.

Santa Claus · 08-02-2008 1:35am

Reverend Paul wrote: »

Thanks Blk150,

I'm off to see my solicitor tomorrow. I think it's unfortunate that a government department can think they can do this kind of thing.

Take the following steps :
1. Contact your local Fianna Fail TD's constituency office
2. Tell them you voted for them in the last election (even if you had more sense)
3. Explain your problem
4. Ask them to contact the minister in charge of this department on your behalf
5. Receive P45 in post with 2 - 3 weeks along with written apology from former employer forwarded by minister to TD

These steps will save you the cost of a solicitor and the long drawn out process that this will end up as

You'd want to make sure you contact social welfare if you're not working as there'll be a gap in your prsi credits which could cause probelms if you need optical/dental treatment etc (although if you were working in civil service then maybe prsi isn't an issue)

Reverend Paul · 08-02-2008 7:21pm

Santa Claus wrote: »

Take the following steps :
1. Contact your local Fianna Fail TD's constituency office
2. Tell them you voted for them in the last election (even if you had more sense)

Ha ha! Not even I would do something so low!!!

Kimbot · 08-02-2008 7:22pm

Sounds weird, but maybe they paid you for time you didn't work??
If so I think they are entitled to their money back etc.

Santa Claus · 08-02-2008 7:23pm

I'm being serious. Everytime I experience a problem with a government department/agency I contact my local fianna fail TD.
I can't stand the guy personally but he loves to believe I voted for him and can't do enough to help me !

Failing that what about contacting the Public Appointments Service ? They're essentially the HR dept for civil service so they might be able to sort it out for you !

Mrs. MacGyver · 09-02-2008 3:58pm

Nolanger wrote: »

You could still receive Unemployment Benefit without needing a P45.
A Social Welfare Office has a record on the computer system of your employment history. If there is a finish date for your last job on the system than they usually do not usually need the P45. Your former employer may have notified the Department already.

It would take a while to go through as it would be a possible trade dispute. You should make a claim at your Social Welfare local Office and explain the situation. P.M. mee if you need more info.

yabadabado · 09-02-2008 7:27pm

i have worked in a few gov. depts and as someone has mentioned about contacting ur local Td it could well be the quickest way.in my experience when a letter arrives from a TD it is dealt with asap.the OP is probably dealing with someone in the personnell and some of those people dont a have a clue, a dept. i worked in a few people had a problem when dealing with one guy who dealt with our sections sick leave ,stuff he was requesting ppl get from there GP,and returning of medical certs was constant until 1 fella took it upon himself to sort it out.rang around some depts and talked to a few GP's and the chief medical officer and it turned out the guy in personnel was breaking the law/work practices by wot he was doing

Mrs. MacGyver · 09-02-2008 7:43pm

reps are answered immediatley when they come in to a govt. dept so if the op feels he has no other action maby it's the way to go.

Reverend Paul · 10-02-2008 4:57am

yabadabado wrote: »

i have worked in a few gov. depts and as someone has mentioned about contacting ur local Td it could well be the quickest way.in my experience when a letter arrives from a TD it is dealt with asap.the OP is probably dealing with someone in the personnell and some of those people dont a have a clue, a dept. i worked in a few people had a problem when dealing with one guy who dealt with our sections sick leave ,stuff he was requesting ppl get from there GP,and returning of medical certs was constant until 1 fella took it upon himself to sort it out.rang around some depts and talked to a few GP's and the chief medical officer and it turned out the guy in personnel was breaking the law/work practices by wot he was doing

Do you know if he faced any disciplinary action?

Reverend Paul · 10-02-2008 4:59am

Mrs. MacGyver wrote: »

It would take a while to go through as it would be a possible trade dispute. You should make a claim at your Social Welfare local Office and explain the situation. P.M. mee if you need more info.

Made a claim, but they need the P45. I'm currently receiving an Emergency Needs Payment from the Health Board. They say I'm not entitled to Supplementary Welfare Allowance, because I resigned.

Reverend Paul · 10-02-2008 5:02am

jonny24ie wrote: »

Sounds weird, but maybe they paid you for time you didn't work??
If so I think they are entitled to their money back etc.

But get this: apparently they're not even sure how much the overpayment is. Honestly, I'm not making it up!!

Hitchhiker's Guide to... · 10-02-2008 11:27am

the previous advise on the TD is very useful OP - don't give money to a solicitor if you don't need to...

japbyrne · 10-02-2008 1:37pm

my thinking on it. we are now in a new tax year, so i would believe your former employer has had to have paid,all your tax, plus prsi to the departments responsible for collecting it. your employer cant pay the deductions when ever it suits him. ring revenue. by the way you have to be employed up to the end of the year to recieve a p60, any other time of the year its a p45. dont panic,if they know anything they know they are in trouble. good luck.

Former employer refusing to issue P45

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