Can an employer refuse/delay giving you P45/letter stating duration of employment?

runswithascript

I finished up working with my old employer almost two weeks ago now.

On Tuesday afternoon I spoke with a manager by phone and requested my P45 and a letter stating the duration of my employment and I made clear if the P45 is delayed for any reason I would appreciate if I could still get the letter as soon as possible. I also contacted HR directly by email on Wednesday and I haven't so much as received a reply.

The reason I'm concerned is that the woman working in HR has seemed to drag her heels before when I had dealings with her and she also had some issue with me where she very unprofessionally misconstrued something I said as "attitude" after I brought to her attention she was neglecting to pay us time and a half for Sundays, things with her have been awkward ever since.

It's now Friday, the post is here and the letter is not. Should I give it until Monday or Tuesday before following it up with a phone call? How long should it take? What can I do if she appears to be purposely delaying it?

seamus

Your employer cannot delay giving you your P45. They are obliged to provide it to you as soon as possible after your employment has terminated. This is usually immediately when they have given you your final payslip - there is no valid reason why there should be any other delay.

A letter detailing the duration of your employment, you may not even be entitled to.

I would wait until Tuesday (a week) and if there's no sign of your P45, ring again. Then again the following Tuesday. If there's no sign of your P45 within 4 weeks of your final payslip, then ring revenue and tell revenue that your employer is failing to issue the P45. Revenue will make quick phone call and scare the **** out of your former employer.

mood

If you start a new job and need the P45 I would contact revenue now as a delay in getting P45 might mean you are emergency taxed. However, i would try to be friendly towards this woman and try to keep on her good side so you might have some chance of reference or letter stating that you worked there for x amount of time.

runswithascript

seamus wrote: »

A letter detailing the duration of your employment, you may not even be entitled to.

I've something else lined up but I won't be starting immediately.

The Department of Social Welfare have told me I need this letter to transfer from Casual Work (which was a partial social welfare payment I received as I was part time) to the regular Unemployment Benefit.

I would wait until Tuesday (a week) and if there's no sign of your P45, ring again. Then again the following Tuesday. If there's no sign of your P45 within 4 weeks of your final payslip, then ring revenue and tell revenue that your employer is failing to issue the P45. Revenue will make quick phone call and scare the **** out of your former employer.

Good to know. I spoke with my union rep since the OP and considering he told me I can get it online at login2myinfo the last Friday of this month when we're paid should I still press HR for it before then or is it the norm to just get it at last payslip?

mood wrote: »

If you start a new job and need the P45 I would contact revenue now as a delay in getting P45 might mean you are emergency taxed.

So I can get it direct from Revenue?

However, i would try to be friendly towards this woman and try to keep on her good side so you might have some chance of reference or letter stating that you worked there for x amount of time.

Indeed. It vexes me to learn my old employer may not be obligated to provide this.

seamus

LA3G wrote: »

Good to know. I spoke with my union rep since the OP and considering he told me I can get it online at login2myinfo the last Friday of this month when we're paid should I still press HR for it before then or is it the norm to just get it at last payslip?

It's the norm to get it with your past payslip since the details on your P45 can't be calculated until your final payslip has been issued.

Very few companies run their payroll on an ad-hoc basis so if you're paid monthly, they usually include all leavers in a particular month, within that monthly payroll. They don't usually run a special payroll just for people who've left.

It used to be the case that a new employer would tax you on an emergency tax basis (50% with no tax credits) until you provide your P45. This has changed in the last couple of years so that a new employer, for the first four weeks, will apply the standard rate tax band and the standard tax credits to your pay until they receive a P45.

So don't panic too much about it, you won't be taxed to crap if you don't get your P45 on time.

runswithascript

seamus wrote: »

So don't panic too much about it, you won't be taxed to crap if you don't get your P45 on time.

Thanks for your input on the P45.

Now I'm more concerned with the letter and the processing of my Unemployment Benefit claim for the moment.

If anyone can clarify as to whether an employer is obligated to provide a letter stating the duration of employment I'd appreciate it.