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P45 being witheld/severance agreement

  • 18-02-2010 8:29pm
    #1
    hoggy1012
    Closed Accounts Posts: 31 ✭


    hi all
    im looking for a little advice/employment rights knowhow.
    my employer is refusing to give my p45 until i sign a severance agreement but there is no way im signing it . its a ridicules document in which they offer me nothing, well 3 points to be accurate.
    1. they will keep the contents of the agreement confidential
    2. they will pay any wages outstanding.
    3. they promise not to "disparage the former employee"

    in return i give them quite a lot, 12 points... one of which is that im forbidden to work with any "rivals" for a period of 6 months, this would make me unemployable.
    what a joke.. i only mention this to give you a laugh though the reasons im not signing arent important.

    so does anyone where i stand on geting my p45 even though i have refused to sign the severance agreement?

    thanks in advance
    Tagged:


Comments

  • #2
    [Deleted User]
    Posts: 5,121 ✭✭✭ [Deleted User]


    This is probably better in -> http://www.boards.ie/vbulletin/forumdisplay.php?f=1052

    Is this redundancy or something voluntary?


  • #3
    hoggy1012
    Closed Accounts Posts: 31 ✭hoggy1012


    no i left voluntarily. does this make a difference?


  • #4
    mullers
    Registered Users, Registered Users 2 Posts: 44 ✭mullers


    it will probably depend on what is in your contract of employment.refer back to this and if there is nothing like that in it, they havn't a leg to stand on. If you ring nera, they are very helpful. You will find them online


  • #5
    sarhar82
    Closed Accounts Posts: 16 ✭sarhar82


    Hello,

    Contact the Revenue and tell them that your employer is refusing to issue your P45, they should be able to sort this out for you.


  • #6
    smcgiff
    Closed Accounts Posts: 5,943 ✭✭✭smcgiff


    Take Sarhar82's advice. They cannot withhold your p45. Threatening to go to the Revenue should wake them up from their stupor, but if not go to the Revenue and they'll give you advice, and they will also point out your former company's obligations. They may also audit the company.

    Also, IF the company did disparage you you'd have a legal case. Same reason why former employers are advised not to give a bad reference. They may decide not to give a reference, but that's a different matter.


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  • #7
    hoggy1012
    Closed Accounts Posts: 31 ✭hoggy1012


    UPDATE **
    ok contacted revenue/nera. initialy both said it was better to talk to the other but after a second call to revenue they called the employer and my p45 is on its way..
    so thanks all


  • #8
    patmar
    Closed Accounts Posts: 72 ✭✭patmar


    sarhar82 wrote: »
    Hello,

    Contact the Revenue and tell them that your employer is refusing to issue your P45, they should be able to sort this out for you.
    I go along with you. P45 is a statutory document and nothing can interfere with its issue


  • #9
    hoggy1012
    Closed Accounts Posts: 31 ✭hoggy1012


    UPDATE***
    Today i recieved my p60 in the post. a cyical act of the type i have come to expect from these individuals. i contacted revenue again and although they again made contact and again requested the employer send out my p45 they have infact no method of enforcement or penalty and are a lot less helpful than posts on this site would indicate. i dont mean this as a dig against the individuals, all were very helpful, but in reality they have no direct powers to obtain the p45 or to penalise the employer.
    next stop looks like a solicitor but again although an individual has a right to their p45 there is no formal legislation or proceedure to help.

    as a side note this particular employer is recieving assistance from enterprise ireland, something that now bothers me that tax payers money is being spent on helping such a shower of a******s.

    anybody got any ideas?


  • #10
    patmar
    Closed Accounts Posts: 72 ✭✭patmar


    hoggy1012 wrote: »
    UPDATE***
    Today i recieved my p60 in the post. a cyical act of the type i have come to expect from these individuals. i contacted revenue again and although they again made contact and again requested the employer send out my p45 they have infact no method of enforcement or penalty and are a lot less helpful than posts on this site would indicate. i dont mean this as a dig against the individuals, all were very helpful, but in reality they have no direct powers to obtain the p45 or to penalise the employer.
    next stop looks like a solicitor but again although an individual has a right to their p45 there is no formal legislation or proceedure to help.

    as a side note this particular employer is recieving assistance from enterprise ireland, something that now bothers me that tax payers money is being spent on helping such a shower of a******s.

    anybody got any ideas?
    Its nonsense for Revenue to say they cannot do anything. Tomorrow contact Revenue Customer Services section who I think are based at Hawkins House Dublin and make a formal complaint against the office who told you they can do nothing. Your complaint should have put Revenue on alert immediately that fishy things are going on with your employer. Not getting a P45 can have all sorts of ramifications for an individual and Revenue know this. Put the boot in without being aggressive


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