Please advise (Old employer holding my P45)

joePC

Hy all,

Bit of a fooked up situation @ the mo,

I worked for CPL for 1 month + 2/3 days, I was offered a better position with a different company so I gave two weeks notice but didnt go in because I was very ill (I rang in sick)

Now they claim I own them €394.25 gross, which is €291.74 net.
I was only ever paid for the first month therefore they should owe me 2/3 days. They claim I owe them 5 days holiday = €291.74

They wont give my P45 back until I give the cash, Is this legal????

What is my position here.....?

Thanks Joe...

ajmurphy62

joePC wrote:

Hy all,

Bit of a fooked up situation @ the mo,

I worked for CPL for 1 month + 2/3 days, I was offered a better position with a different company so I gave two weeks notice but didnt go in because I was very ill (I rang in sick)

Now they claim I own them €394.25 gross, which is €291.74 net.
I was only ever paid for the first month therefore they should owe me 2/3 days. They claim I owe them 5 days holiday = €291.74

They wont give my P45 back until I give the cash, Is this legal????

What is my position here.....?

Thanks Joe...

as far as i know it is illegal to with-hold your p45 from you. Tesco treathened me with that but as soon as i mentions court to them they gave it to me on the spot. DONT BE INTIMIDATED!!!

leeroybrown

Generally you should contact the local tax office when an employer refuses to furnish a P45. Unfortunately, with your dispute over pay this may not be able to sort it out. They're not allowed to withold your P45 but they will probably will supply you with one detailing their version of your pay.

If you worked a month and three days and then gave your notice they definitely owe you this pay plus if you can furnish the necessary doctors cert you are legally entitled to whatever sick pay is stipulated in your contract (even if this could be perceived as slightly suspicious). You may also be entitled to just under two days holidays.

If I were you I'd put in the request/complaint by ringing the tax office. If they can get you your P45, you could then check it's accuracy and see if you could make a complaint based on your employer suypplying you with innacurate documentation. Just an idea and you may well have to talk to a solicitor at some stage.

AARRRGH

joePC wrote:

Hy all,

Bit of a fooked up situation @ the mo,

I worked for CPL for 1 month + 2/3 days, I was offered a better position with a different company so I gave two weeks notice but didnt go in because I was very ill (I rang in sick)

Now they claim I own them €394.25 gross, which is €291.74 net.
I was only ever paid for the first month therefore they should owe me 2/3 days. They claim I owe them 5 days holiday = €291.74

They wont give my P45 back until I give the cash, Is this legal????

What is my position here.....?

Thanks Joe...

You got paid for the days you worked.

Does your contract state you do not get paid for sick days?

There are some legal implications to not working your notice, however for such tiny amounts of money they're being retards.

I have little sympathy for you not working your notice. It is extremely annoying when employees do that to me. If I knew someone did that in a previous job, I would never hire them. However, this is slightly OT

Getting your P45 is a no brainer though. They have to give it to you. Ring the PAYE office.

WizZard

They can't legally withhold your P45. They also don't have to pay you for sick days, even if there's a doctors cert, unless it was stipulated in your contract.

Now I presume they are adding 5 days + 3 days as your time off = 8 days. Now you worked an extra 2 days of the month + your ~1 days holiday for one months work. Simple maths leaves you oweing them 5 days.

However, if they wish to replace unpaid sick leave with paid holidays they must okay this decision with you first.
Therefore you can say that they didn't ok it with you and as such you are not obliged to pay them anything.

I am not a solicitor, or in any way connected with the legal profession, however I did experience a similar situation to do with sick leave in my last employment.

(Again this all depends on your contract)

joePC

Rang the Tax office, they said the same, " You can get your P45 yada yada yada"

Send on the message but they say they cant until they recieve payment so they can adjust the P45.

What do you think?????

WizZard

Threaten court. Did you explain to them what I said to do??

netwhizkid

Just simply take them to court, and make sure you win costs and everything, pehaps you could also sue for Mental trauma. If they won't give in take them to court. This is typical Capitalism, another reason for a fair, worker friendly socialist state.

Regards netwhizkid

joePC

Thanks for all the info, Ive sent on a mail detailing my position and that I will be reviewing my contract with a solicitor, Also requested my P45 is sent out immeditly.