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Let go P45?

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  • 10-07-2015 8:39pm
    #1
    Registered Users Posts: 166,026 ✭✭✭✭


    My boss fired me today via text (classy, I know) telling me tomorrow is my last day, and that he's going on holidays and isn't sorting out the paperwork until he gets back.
    I've been working there less than six months so I know I don't have many rights, but am I at least entitled to have my P45 and final paycheck upon dismissal? If I have to sign on to social welfare I'd like to get that sorted asap and not whenever my boss feels like it after his holidays but I don't know if I have any entitlement to these things straight away.

    Thanks


Comments

  • Registered Users Posts: 81,207 ✭✭✭✭Atlantic Dawn
    M


    If you havn't worked for 2 straight years either for that role or as part of previous employment you might not have enough stamps built up to make jobseekers benefit claim straight away but you might quality for jobseekers allowance instead.

    Here's some good info...
    http://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/losing_your_job/losing_job_entitlements.html


  • Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    Thanks for the information, but that's not really what I was asking. As it turns out I've got another job in the works. They want me to start almost immediately and they're requesting my P45. I could do without the emergency tax tbh. I'd like to know what my entitlements are, are employers allowed be a bit lackadaisical about final paychecks and P45 or can I demand these now?


  • Closed Accounts Posts: 12,687 ✭✭✭✭Penny Tration


    You're entitled to your p45, but lots of employers are knobs about it and hold on to them as long as possible. In this instance, you can ring revenue yourself and ask for your tax credits to be transferred to the new company, to avoid emergency tax.

    If you've been in the job 13 weeks or more, you're entitled to one week's notice, or pay in lieu of a week's notice (garden leave), along with any holiday pay accrued.


  • Banned (with Prison Access) Posts: 117 ✭✭alig123aileen


    First I am so sorry to hear you lost your job and to be notified by text is appalling. You should write to your MD or your HR manager saying you are disappointed that you were notified by text of your dismissal and is this normal company policy. Remember you need to get a good reference from these guys. If you have bn in the job one year or less your employment rights aren't there at all really. This guy sounds like a bully. We're you allowed to put your case forward. If they perceived you weren't performing they have a duty of care to coach you give you extra training coaching etc. Tell them in writing you will leave once you have received your p60 and your reference and once they agree how your leaving will be communicated to your colleagues. Even if you were the worst worker in the world which I'm sure you are not you are entitled to the right of reply. This is about them and the ego and power of one individual and is not about you.
    Had they warned you before the text arrived. what does your contract say about dismissal. Make it quite clear you are not going anywhere without your reference and p60 and they will arrange it straightaway. Appalling employers treat people like this no matter what they may have done. Stand up for yourself probably won't save you your job but you will walk away with your self esteem and the bully will think again before reoffending. Happy to help u any way I can with drafting replies advice etc just send me a pm. You have valuable skills and a good employer will be delighted to have you on board


  • Registered Users Posts: 171 ✭✭chickenlicken2


    il OP wrote: »
    Thanks for the information, but that's not really what I was asking. As it turns out I've got another job in the works. They want me to start almost immediately and they're requesting my P45. I could do without the emergency tax tbh. I'd like to know what my entitlements are, are employers allowed be a bit lackadaisical about final paychecks and P45 or can I demand these now?

    OP to cover the emergency tax ring the tax office and get them to switch your tax credits to new job -ask new job for tax number. Get them to put the credits on a week one basis. Explain the situation with the person from Revenue and they can ensure they cover your final pay check.

    The manager sounds like a dick; you are as well away from him.

    AFAIK there are no set rules for when a P45 and final pay check have to be processed. In a timely manner and not unnecessarily causing delay to the employee would be standard process. When is the guy back from holidays or when is he going?


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  • Closed Accounts Posts: 6,926 ✭✭✭davo10


    We're you allowed to put your case forward. If they perceived you weren't performing they have a duty of care to coach you give you extra training coaching etc. Tell them in writing you will leave once you have received your p60 and your reference and once they agree how your leaving will be communicated to your colleagues. Even if you were the worst worker in the world which I'm sure you are not you are entitled to the right of reply

    This is an interesting point, could you please provide a link to back this up as I wasn't aware employers were duty bound to give extra training and coaching to an employee who is up for dismissal.


  • Registered Users Posts: 2,625 ✭✭✭AngryHippie


    This guy sounds like a bully
    ?????


    How exactly ?

    Without seeing the text message, like most of the rest of that post, this statement is nonsense.
    they have a duty of care to coach you give you extra training coaching etc.
    Not if you got the job on the basis of having previous experience and adequate training.
    Make it quite clear you are not going anywhere without your reference and p60 and they will arrange it straightaway.
    Or they will arrange it whenever it is possible (i.e when the employer returns from holidays)
    Again, you are given no information about the employers business structure, nature of business etc. yet for some reason you presume they will have some HR Dept. available to get straight onto it.

    Stand up for yourself probably won't save you your job but you will walk away with your self esteem and the bully will think again before reoffending.
    Again, what bully is this ?

    Text message probably wasn't the most appropriate way to terminate your employment, neither was a "finish up tomorrow" notice, however, if the employer is prepared to pay out the termination notice period, and has given you a time frame for your P45 and final pay-check, there is not much more you can demand. Yes, they could have been a bit more professional about it.

    It sounds like you'll be better off anyway, onwards and upwards.


    PS.
    Happy to help u any way I can with drafting replies advice etc just send me a pm
    I would avoid such assistance like the plague. Your best bet is to try and get a reasonable reference, get your pay and your paperwork without causing a major fuss and move on, if possible ask for a bit of feedback on why you've been let go (under-performance, business slump, strategic change, etc.) If you ask verbally and just frame the question that your are trying to learn from it, you will probably get some form of honest answer.
    Sending letters demanding a right to reply and discussing skill gap training entitlements will probably eliminate any chance of getting a good reference, and will put your pay and P45 on the bottom of the to-do list for quite a while.

    You get better results with Sugar, than Lemons.


  • Registered Users Posts: 37,295 ✭✭✭✭the_syco


    il wrote: »
    My boss fired me today via text (classy, I know) telling me tomorrow is my last day, and that he's going on holidays and isn't sorting out the paperwork until he gets back.
    Sounds like he doesn't want you working whilst he's on holidays, and is getting rid of you.

    As said, start the new job, get their employer PPS number, and pass it onto the revenue so that your tax gets sorted.

    How long is he going on holidays? Few days, weeks, what?


  • Registered Users Posts: 68,317 ✭✭✭✭seamus


    Long story short, you will have to wait for him to come back.

    While an employee is entitled to their final pay and P45 as soon as possible after finishing, it's generally accepted that doing this during the next payroll cycle is fine. So if you get paid on the last day of the month and you leave in the first week of the next month, it's fine for your employer to not issue your P45 and final paycheck until their next payroll run.

    Some employers will do extraordinary runs to accommodate this, but most won't and revenue won't pressure them into it unless the process has been dragging on too long.

    In terms of your options, while you can't avail of the unfair dismissals act, that doesn't mean you don't have other avenues of recourse, depending on why you've been fired, and what was said in the text. For sake of an easy life though, you're probably better off moving on and forgetting about it.
    Sounds like he doesn't want you working whilst he's on holidays, and is getting rid of you.
    Still, he would have known both pieces of information for a number of weeks. The very least he could have done, if he couldn't do it face-to-face, is give him a call. Doesn't sound like the kind of guy one would want to work for anyway.


  • Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    Thank you very much for the help guys

    He did give a couple of reasons why he was letting me go, one of them was a situation he's known about before he hired me and the other was something that I made clear in my interview and he was fine with at the time. I wasn't given a contract when I was hired or given much information about the terms of my employment so I'm starting to suspect I was never meant to be a permanent employee.

    Its a frustrating situation and while it would be incredibly satisfying to cause problems and burn bridges, I'm probably just gonna take the high ground. He won't be back for another week at least and I'm starting my new job tomorrow, I'll contact the revenue as people suggested.

    Thanks again everyone, I've never been dismissed before and it was really helpful to get some advice


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  • Registered Users Posts: 25,689 ✭✭✭✭Mrs OBumble


    First I am so sorry to hear you lost your job and to be notified by text is appalling. You should write to your MD or your HR manager saying you are disappointed that you were notified by text of your dismissal and is this normal company policy. Remember you need to get a good reference from these guys. If you have bn in the job one year or less your employment rights aren't there at all really. This guy sounds like a bully. We're you allowed to put your case forward. If they perceived you weren't performing they have a duty of care to coach you give you extra training coaching etc. Tell them in writing you will leave once you have received your p60 and your reference and once they agree how your leaving will be communicated to your colleagues. Even if you were the worst worker in the world which I'm sure you are not you are entitled to the right of reply. This is about them and the ego and power of one individual and is not about you.
    Had they warned you before the text arrived. what does your contract say about dismissal. Make it quite clear you are not going anywhere without your reference and p60 and they will arrange it straightaway. Appalling employers treat people like this no matter what they may have done. Stand up for yourself probably won't save you your job but you will walk away with your self esteem and the bully will think again before reoffending. Happy to help u any way I can with drafting replies advice etc just send me a pm. You have valuable skills and a good employer will be delighted to have you on board

    OP, you were right in the first place, it is a P45 you should be getting. From memory, I think employers have 6 weeks following your departure to issue one.

    P60 is what employers issue following the end of the tax-year, to people who have not left the job.


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