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Terminated but still receiving payments from employer..

  • 23-02-2015 4:17pm
    #1
    barman linen
    Registered Users, Registered Users 2 Posts: 262 ✭✭


    Hi,

    I was made redundant on Jan 2 and received Statutory notice. I am taking a case for unfair dismissal to a tribunal.

    My contract allowed for a step down in commission payments and these are being calculated every month by my employer and they are paying me the net payment.

    How does this affect my tax record and relationship with Dept of Social Protection...? I am not working but am receiving payment ?! I am trying to reclaim tax from my January payment after 8 weeks so will these payments re start that 8 week clock ? Can they just keep reissuing a P45 every time...?

    Confused....


Comments

  • #2
    goz83
    Registered Users, Registered Users 2 Posts: 8,035 ✭✭✭goz83


    Maybe this belong in the social welfare section? It's not really a legal question, as you know already that you should tell the social welfare about any payments received while claiming. Though I would have just considered it delayed payment and keep my gob shut, not to cause a complex problem.


  • #3
    seamus
    Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    I suspect that much like the taxation system, the deciding factor here is when the payments were earned rather than received.

    Your former employer can reverse your P45 and reissue it, if it's incorrect. The finish date won't change, just the amount earned will.

    So for social welfare purposes it shouldn't make any odds. You just tell them your employer re-issued a corrected P45 and give it to them.


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