P45 issue.

Hurler85

Hi all.

I have recently started a new job but my previous employer have yet to furnish me with a P45.

I queried as to the delay and there appears to be an issue. Basically they messed up their payroll and paid me for a full months wages when I should only have got a week. They are withholding the P45 until I repay them the balance.

I am assuming they are well within their rights to ask for the money back before furnishing?

meeeeh

They are entitled to money back but you could call revenue and get your details transferred to new employer. You will be probably on week one but won't be taxed at emergency rate.

radharc

Why don't you just pay them back?

scot1964

Previous reply of mine..... and NO they are not allowed to withhold..

I had this problem, when they refused to give it to me. After contacting Revenue I sent a formal letter with the following..

"“It is a legal requirement that on cessation of employment in the State, that the employer provide the employee with a P45. Failure to do so is in breach of Irish Statute and will be dealt with accordingly”

They (Revenue) have also stated that any disputes (financial or otherwise) are strictly between an employer / employee and are not relevant to the Statutory requirements and the legal obligation of the employer to provide the employee with their P45, as the P45 shows what has been paid to date."

I asked for the person refusing to release it so Revenue could deal with them direct.

My P45 was in the post that evening!

CIARAN_BOYLE

If a P45 was issued it would have to show the amount paid, it would then have to be withdrawn and reissued once you paid back the overpayment.

If you have a new employer you may be taxed based on your overpayment and then you may receive a refund when your p45 is corrected.

Administratively it would be much better to issue only one p45.

So yes you can get your p45 issued but it's probably more hassle than its worth at the moment.

Hurler85

radharc wrote: »

Why don't you just pay them back?[/quote

It's a messy situation as I got married early in the year and they are looking for holiday leave money back as well. So essentially I worked 10 days in March for free and they also want the remainder of the holiday leave they think they are entitled to.

meeeeh

They are entitled to holiday money back if you used up more than you would be entitled to at that time of the year. Each month working you are entitled to 1/12 of your yearly holidays.

ZeroThreat

Maybe the OP should reconsider his/her decision to rip off their previous employer & pay them back what was due.

greendom

ZeroThreat wrote: »

Maybe the OP should reconsider his/her decision to rip off their previous employer & pay them back what was due.

sounds like the employer needs to tidy up his payroll systems a bit too.

fergald

what about references, this will leave a bad taste. Why would you jeopardize references from your employer, unless you left on bad terms.

Hurler85

ZeroThreat wrote: »

Maybe the OP should reconsider his/her decision to rip off their previous employer & pay them back what was due.

I don't believe it's my fault if my previous employer made a mistake with their payroll. I came on here to look for advice. Ignorant response

Dial Hard

Hurler85 wrote:

I don't believe it's my fault if my previous employer made a mistake with their payroll. I came on here to look for advice. Ignorant response

It's not your fault but why on earth would you think you're entitled to hold on to the money?

Hurler85

Dial Hard wrote: »

It's not your fault but why on earth would you think you're entitled to hold on to the money?

They are actually withholding expenses owed to me and there has been a history of not paying for overtime or providing time in lieu for extra work done. I'm not talking about an hour or two here or there, I'm talking about 10-15 hours extra worked in a week on a regular basis.

meeeeh

Dial Hard wrote: »

It's not your fault but why on earth would you think you're entitled to hold on to the money?

This. However I am pretty sure money can be repaid quicker by someone who is not on emergency rate.

Op, keeping money you are not entitled to is theft so forget any references.

Dial Hard

Hurler85 wrote:

They are actually withholding expenses owed to me and there has been a history of not paying for overtime or providing time in lieu for extra work done. I'm not talking about an hour or two here or there, I'm talking about 10-15 hours extra worked in a week on a regular basis.

Are they withholding the expenses because you're withholding the overpayment, by any chance? Look at it from their perspective, they're hardly going to pay you even more money when you've already been overpaid by hree weeks.

Also, does your contract specify that they actually pay overtime/give TiL? I've only ever worked in one company where overtime/TiL was a thing, most salaried roles don't pay it.

dieselbug

Well I'l to try to answer your question and this is my opinion.

Your previous employer cannot furnish to you an accurate P45 until you return the 3 weeks wages that you are in possession of which is not yours to keep.

This money belongs to your previous employer and to not return it is dishonest.

Maybe ask your new employer for their opinion.

Hurler85

dieselbug wrote: »

Well I'l to try to answer your question and this is my opinion.

Your previous employer cannot furnish to you an accurate P45 until you return the 3 weeks wages that you are in possession of which is not yours to keep.

This money belongs to your previous employer and to not return it is dishonest.

Maybe ask your new employer for their opinion.

I have no problem paying back three weeks wages, it is the extra two weeks they want on top of that which I take issue with.

Hurler85

If it was a thing that I owed them money for holidays should they have not informed me during my notice period? It is two months at this stage since I gave my notice and today is the first I have heard about this.

Dial Hard

Hurler85 wrote:

If it was a thing that I owed them money for holidays should they have not informed me during my notice period? It is two months at this stage since I gave my notice and today is the first I have heard about this.

In fairness, they shouldn't have had to inform you, you were presumably well aware that you'd taken more holidays than you'd accrued, what did you think was going to happen???

I was let go recently and was docked two days holidays and two sick days from my last payslip. Yes, it's annoying but they're perfectly entitled to do it.

meeeeh

Hurler85 wrote: »

If it was a thing that I owed them money for holidays should they have not informed me during my notice period? It is two months at this stage since I gave my notice and today is the first I have heard about this.

What is there to inform you about. If you left them in March and you get 20 days per year you were probably entitled to 4-5 days of holidays. Whatever more you were paid for is overpayment. Their payroll seems to be a mess but that doesn't mean you can keep extra money.

Hurler85

Thanks everyone for your input. Bye bye wages!!