Withholding p45

*Jane*

My husband left his job on the 11th June after 15 years service he did work his weeks notice but did leave on not very good terms, they had bought a woman in who changed contracts sent them home with no pay when no work available not paying overtime etc etc. His final wage was paid in the bank on the 17th June, we have asked someone who use to work at the firm who was also forced to leave when they send the p45 out and was told normal practice is the Tuesday when the wages are done. We know they are delaying on purpose so is there anything we can do.

Any

Did you send in request for his P45 yet? It may have been sent out and lost in the post.
Even if you believe it was on purpose, until you tried to resolve the issue with them direct noone will do anything.

First request it and see what they say - firstly on the phone, then send a letter in. Recorded delivery.

Then if nothing happens go to CAB and ask for further advice. Show them the proof.

MyRubyRed

Maybe also consider a case of constructive dismissal?

shikoku

Email them this:

Dear Sirs

Please handle this as a grievance

On DATE I made a formal written request to you for my final payslip and P45 document, as of todays' date I have not yet received these.

I feel I must now remind you that you have a legal obligation to provide these documents to me.

If I do not now receive my final payslip and P45 document within seven (7) days of the date of this email, I will have no choice but to file for an Employment Tribunal to recover them for me, as well as any monies outstanding.

I await your response.

MyRubyRed

Why would they delay on purpose though?

shikoku

It doesn't really matter why - they are breaking the law by withholding it.

I once had this when a former employer had made a pigs ear of my final tax, leaving date etc in my last pay packet.

They mistakenly thought they could conceal this by not providing the documents, but they moved very quickly once they got the notice above - the tax refund wasn't sorted until the end of the year tho'

MyRubyRed

It just seems to me than there is more than just the P45 here. OP says her hubby and one other were forced to leave due to apparent unreasonable behaviour of the employer. So for me, if I was going to threaten Tribunal I'd take a step back and look at the whole scenario and perhaps speak to ACAS.

shikoku

Yes I agree, I was just addressing the P.45 bit

Altho' what is described is going on in a lot of places these days due to the times we live in.

Definitely worth taking advice after 15 years.

*Jane*

We could go for constructive dismissal but to be honest we cannot do with the hassel of it 3 people have left now because of this woman the firm wont be there much longer but luckly my husband has found another job.
The week before he left the people who work there sent a joint grievence letter to her and she refused to see them together my husband was part of this joint grievence and we also worded his notice saying it was due to unworkable condidtions she had imposed was the reason he left. Acas where very unhelpful when we rang them about what she had done with the contracts. To be honsest the person we spoke to had not got a clue
I contacted someone who use to work in office who then contacted the person who does the wages and they said they had no ink in the printer so that was the delay but speaking to other people who work there they have all got there wage slips so they had ink to print them. My huband rang on Friday and was told it was not there. He is ringing tomorrow to say he wants it by Tuesday and i am going to go down. I think the recorded letter idea is the next step thanks for that never even thought of it. Then i will ring tax office if no joy.

getmore4less

*Jane* wrote: »

My husband left his job on the 11th June after 15 years service he did work his weeks notice but did leave on not very good terms, they had bought a woman in who changed contracts sent them home with no pay when no work available not paying overtime etc etc. His final wage was paid in the bank on the 17th June, we have asked someone who use to work at the firm who was also forced to leave when they send the p45 out and was told normal practice is the Tuesday when the wages are done. We know they are delaying on purpose so is there anything we can do.

Were there lay off clauses in the original contracts?
Were the new contracts disputed and redundancy requested?
If no lay off clauses was a greivence put in for unlawfull deduction of wages.
etc.

Get all the people to check for legal cover on there house insurance.

It is quite important to refuse/dispute any contract changes you don't like early because if you chose to work within them that can count as acceptance.

MyRubyRed

Up to you really. After 15 years I'd be jumping up and down but then that's me