Employment problem(Tupe)

lighterman

I'm being employed with a new company under tupe (Transfer of Undertakings (Protection of Employment) Regulations ). I copy and pasted in to brackets. All new to me.

Anyway my old employer is being very slow in handing over the P45 and other entitlements (Holidays owed etc) and in fact wont be handing them over until the pay date had I been still employed with them which is 2 weeks after the new company takes over.

With regards the P45 is this allowed as that means my new employer won't have my P45 and i'll be emergency taxed until its sorted.

If anyone knows either way if its allowed would you be able to post links for me if possible. Thanks

Stheno

lighterman wrote: »

I'm being employed with a new company under tupe (Transfer of Undertakings (Protection of Employment) Regulations ). I copy and pasted in to brackets. All new to me.

Anyway my old employer is being very slow in handing over the P45 and other entitlements (Holidays owed etc) and in fact wont be handing them over until the pay date had I been still employed with them which is 2 weeks after the new company takes over.

With regards the P45 is this allowed as that means my new employer won't have my P45 and i'll be emergency taxed until its sorted.

If anyone knows either way if its allowed would you be able to post links for me if possible. Thanks

How long since you were TUPED?

You don't actually need a p45 to avoid emergency tax, you can contact the Revenue with your PPS and the registered number of your new company (or in a lot of cases their name and address and the Revenue will look them up) and you will be put on a week one basis where you don't pay emergency tax even though you have no P45

Afaik there is no max. timeframe defined for when you get a P45, unlike e.g. a P60 which must be issued by 14th Feb of the year after the year to which it is relevant

From Citizens Information

If you are not given a P45 when you leave your job you should first ask your employer for it. If the employer does not supply it you should contact your local tax office. Revenue will contact the employer and obtain your P45 for you. If you have started a new job, Revenue will send you a new tax credit certificate so you will not have to pay emergency tax in your new job.

lighterman

Stheno wrote: »

How long since you were TUPED?

You don't actually need a p45 to avoid emergency tax, you can contact the Revenue with your PPS and the registered number of your new company (or in a lot of cases their name and address and the Revenue will look them up) and you will be put on a week one basis where you don't pay emergency tax even though you have no P45

It will be the end of this month. 29th June and the P45 and holiday pay is been given on the 10th/11th of July.

Should I ring them now or wait till the change has been made?

Stheno

lighterman wrote: »

It will be the end of this month. 29th June and the P45 and holiday pay is been given on the 10th/11th of July.

Should I ring them now or wait till the change has been made?

So you've not yet been tuped? You're still employed by the original company?

It's perfectly normal for this to happen that you wait until the end of your time with the company, as they can't calculate your pay/holidays/P45 until you are finished.

E.g. I recently changed role, and left mid month with the pay date the end of the month. I got my last paycheck, holidays etc on my normal paydate at the end of the month.

Wait until you start with the new company, get onto the revenue and get them to issue the relevant cert to your new company to avoid emergency tax.

I'm sure you'll get your P45 fairly soon AFTER you finish with the current company.

lighterman

Stheno wrote: »

So you've not yet been tuped? You're still employed by the original company?

until the end of this month. the current company has said everything will be handed over on the 10th/11th.

So basically I need to find out if they can do this and if they can I need to find links for my work mates and if they cant links for current employer.

I'll just give you a bit of back-ground

The current company I'm with is a contractor providing a service to a client. I'm with this company due to a previous tupe in 2012. That passed over smoothly.

The current company has tried to change over contracts for less wages, different rosters with more/less hours but we wanted to stay the same so the relationship has always been somewhat strained.

a couple of the lads have kicked up and complained to the client and after a lot of toing and froing it has resulted in another tupe. I'm not sure how it resulted in that.

so basically the current employer will not go out of their way to assist us

Stheno

lighterman wrote: »

until the end of this month. the current company has said everything will be handed over on the 10th/11th.

So basically I need to find out if they can do this and if they can I need to find links for my work mates and if they cant links for current employer.

I'll just give you a bit of back-ground

The current company I'm with is a contractor providing a service to a client. I'm with this company due to a previous tupe in 2012. That passed over smoothly.

The current company has tried to change over contracts for less wages, different rosters with more/less hours but we wanted to stay the same so the relationship has always been somewhat strained.

a couple of the lads have kicked up and complained to the client and after a lot of toing and froing it has resulted in another tupe. I'm not sure how it resulted in that.

so basically the current employer will not go out of their way to assist us

Read the link I posted, it clearly calls out that they essentially can delay a P45, if you don't get it within six months you can raise a grievance (detailed in the thread) and/or contact Revenue as soon as you move to make sure you don't get emergency taxed.

And here is the Citizens Information thread on TUPE

Anything more than that and you'd need to consult a solicitor to be honest, we can't give legal advice on here.

laotg

Hi there. I've recently been tupe'd due to outsourcing. The contract with my previous employer included fully funded health insurance less BIK as usual. I never availed of the cover though as I was saving for a house deposit at the time. I've now asked my new employer how to begin my cover under my tupe'd contract. They are saying that as I didn't avail of this with my previous employer then it's not available to me. Many of my colleagues had the cover with previous employer so the new company is now paying it. I feel that whether I took the cover or not is irrelevant, the contract moved with me so I should be entitled to the cover. Any ideas?

Steve

Cant give specific advice on this forum but if you are within the scope of transfer of undertakings then whatever terms you had previously will carry over.