Previous employer refusing to give p45

LucyIrish06

I was forced to resign from my last job on the grounds of constructive dismissal two months ago and I'm having problems gaining my p45. I have been on to the Revenue and they sent a p43 to the company demanding they send my p45 but they don't seem to be budging. I rang back the revenue and their reply was "it's between you and the company now, there's nothing more we can do", which doesn't seem right to me. I have been emailing the company and they are not even replying anymore. I also have a complaint with the WRC against this company.
Has anyone any advice and what I could do ? Anything will be much appreciated!

Turnipman

LucyIrish06 wrote: »

I was forced to resign from my last job on the grounds of constructive dismissal two months ago and I'm having problems gaining my p45. I have been on to the Revenue and they sent a p43 to the company demanding they send my p45 but they don't seem to be budging. I rang back the revenue and their reply was "it's between you and the company now, there's nothing more we can do", which doesn't seem right to me. I have been emailing the company and they are not even replying anymore. I also have a complaint with the WRC against this company.
Has anyone any advice and what I could do ? Anything will be much appreciated!

Form P43 is a formal written demand by Revenue to the employer to supply the same details as on your P45 to them within 7 days or face prosecution.
But if they are going to prosecute, then they probably can't tell you.

Have you registered with Social Welfare as unemployed yet? Are they aware of the situation?

LucyIrish06

oh I didn't know they could prosecute, that must be the case.
Currently on Jobseeker's Allowance since resigning from the company.

Tenigate

If you're on JSA, why do you need a p45? Would you be entitled to higher rate JSB?

LucyIrish06

Tenigate wrote: »

If you're on JSA, why do you need a p45? Would you be entitled to higher rate JSB?

Because I cannot get another job until I have my p45. Company is refusing to give it no matter who contacts them.

Snotty

LucyIrish06 wrote: »

Because I cannot get another job until I have my p45. Company is refusing to give it no matter who contacts them.

What??? P45 is irrelevant for another new job, just register the employment with revenue.

daheff

LucyIrish06 wrote: »

Because I cannot get another job until I have my p45. Company is refusing to give it no matter who contacts them.

thats not true. you absolutely can get another job without the P45. To get your tax credits you just submit the new employers tax id to revenue. They will update your file with it and issue the credits for your new employer.


I would still send regular requests to your ex company requesting P45 though.

Might even be something your solicitor can add to the constructive dismissal file

SusieBlue

I've posted this before but I had a similar issue with an ex employer, but I was owed around €1k in taxback to boot. Revenue were absolutely useless, they must have sent one of those P43 letters out on a monthly basis which my ex employer ignored.
In the end I had to send a solicitors letter at my own expense in order to get it. Cost me a few bob but was worth it to get the P45 and end the hassle.
Revenue were absolutely useless and they didn't really care. I must have rang once or twice a month and it was always "Sorry, we heard nothing back yet, we'll send another letter".
In total, it took me 11 months but it would have been longer if I hadn't resolved it myself. I wouldn't have any faith in revenue sorting this for you.

LollipopJimmy

LucyIrish06 wrote: »

Because I cannot get another job until I have my p45. Company is refusing to give it no matter who contacts them.

The P45 will be irrelevant now that you are on JSA. Once you start a new job just ring revenue with the new companies employer number and your PPS number and that's it.

I have it on good authority that the P45 is soon to be redundant anyway and it will be up to employees to register details online. Revenue are currently testing the software

Snotty

LollipopJimmy wrote: »

The P45 will be irrelevant now that you are on JSA.

It's irrelevant wither you are on JSA or not.
Many people start one job straight after another, the pervious employer may not send the P45 out till the end of the month or even the following month, so if people couldn't start a new job till they get their p45, millions of people wouldn't be able to start new work.

People are obsessed with their p45, you may need it in some circumstances and you should always ensure you get it for your own records, but in 99% of cases, it's an irrelevant statement.

TG1

Snotty wrote: »

It's irrelevant wither you are on JSA or not.
Many people start one job straight after another, the pervious employer may not send the P45 out till the end of the month or even the following month, so if people couldn't start a new job till they get their p45, millions of people wouldn't be able to start new work.

People are obsessed with their p45, you may need it in some circumstances and you should always ensure you get it for your own records, but in 99% of cases, it's an irrelevant statement.

This, it's very rare you actually need it. Even if you are fortunate and go straight into a new job, you can register your new employment on revenue online and you will even avoid emergency tax if you time it well!

Very very rare now that you actually need your P45. Yes, your employer should send it on but don't let it stop you job hunting!!

ebbsy

Snotty wrote: »

LucyIrish06 wrote: »

Because I cannot get another job until I have my p45. Company is refusing to give it no matter who contacts them.

What??? P45 is irrelevant for another new job, just register the employment with revenue.

+1 just get new employers reg number and register it on my account. It's easy.

Wanderer2010

You learn something new every day! I was also of the opinion that you couldn't start a new job without the physical P45 from your last employer. It seems that its just down to a%%hole employers being spiteful/lazy when they don't post it to you.

Snotty

Wanderer2010 wrote: »

You learn something new every day! I was also of the opinion that you couldn't start a new job without the physical P45 from your last employer. It seems that its just down to a%%hole employers being spiteful/lazy when they don't post it to you.

Where did this idea come from? Genuinely asking.

I can understand people thinking at worst it might mean emergency tax, but it seems like people believed they couldn't take up new employment at all without a p45. It just seems so strange, what did they think would happen, revenue would tell the employer to fire them? What about people with 2 jobs, how did they start the second job without leaving the first one?

Wanderer2010

Snotty wrote: »

Where did this idea come from? Genuinely asking.

I can understand people thinking at worst it might mean emergency tax, but it seems like people believed they couldn't take up new employment at all without a p45. It just seems so strange, what did they think would happen, revenue would tell the employer to fire them? What about people with 2 jobs, how did they start the second job without leaving the first one?

For me, the idea came from reading so much about people who had troubles getting it off their last employer for whatever reason. I presumed it was a whole lot of hassle paying tax if you didn't have your P45, maybe because of the specific details it contains. I remember starting a job 15 years ago and on induction the finance staff member was saying that she needed your P45 from your last job to process tax amounts.

Maybe its not as big a deal these days, obviously.

Deep Thought

P45 is only used to see who much you earned and how much deductions , tax etc you paid.

Has no impact on you applying for a new job, in fact I remember years ago, we were worried when it arrived as we always upped our salary by a couple of grand to get more..and would have been concerned when the new employer saw the actual salary !!

Deep Thought

P45 is only used to see who much you earned and how much deductions , tax etc you paid.

Has no impact on you applying for a new job, in fact I remember years ago, we were worried when it arrived as we always upped our salary by a couple of grand to get more..and would have been concerned when the new employer saw the actual salary !!

_Brian

A P45 is just a convenience thing for your new jobs payroll to help establish tax situation... you can easily go straight onto emergency tax in a new job and then your new payroll department will be able to sort it with revenue once your an employee, any over-payment while on emergency tax is promptly repaid.

I wouldn't bother chasing them, it just lets them feel they have power and are able to inconvenience you even after moving on..

Snotty

_Brian wrote: »

A P45 is just a convenience thing for your new jobs payroll to help establish tax situation... you can easily go straight onto emergency tax in a new job and then your new payroll department will be able to sort it with revenue once your an employee, any over-payment while on emergency tax is promptly repaid.

I wouldn't bother chasing them, it just lets them feel they have power and are able to inconvenience you even after moving on..

If you phone revenue straight away with the employers number, you shouldn't have to worry about emergency tax at all.