Withholding p45

*Jane*

It is quiet complicated about the firm he worked for 2 people own it and she came in as a MD she is married to one of the owners she then suspended the other owner 3 month ago. That is going to court

The contract my husband had was for 40 hours a week 7.30 - 4.30 she then changed the contract with no notice to no start or finish times for 12 months, we did know if they did not contest it and did it for 12 months it would be agreeing to the terms she set out we have been told that withholding wages is illegal with wages been docked when sent home but we just want the p45 i am getting to the stage i want to go for this constructive dismissal but hubby does not want the hassel

Sorry i was replying to post above but forgot the quote

MyRubyRed

*Jane* wrote: »

They were put on 4 days last year for 4 month this woman was not there at the time is is quiet complicated 2 people own it and she came in as a MD she is married to one of the owners she then suspended the other owner 3 month ago. The contract was for 40 hours a week 7.30 4.30 she then changed the contract with no notice to no start or finish times for 12 months we did know if they did not contest it and did it for 12 months it would be agreeing to, we have been told that withholding wages is illegal but we just want the p45 i am getting to the stage i want to go for this constructive dismissal but hubby does not want the hassel

Jane. I'm sorry but your post makes no sense at all.

getmore4less

I will try to break this down.

*Jane* wrote: »

They were put on 4 days last year for 4 month

was this allowed inthe contracts or did they just agree?

this woman was not there at the time is is quiet complicated 2 people own it and she came in as a MD she is married to one of the owners she then suspended the other owner 3 month ago.

Probably not relevent to the other people that work there but is likley to be a handy potential witness

The contract was for 40 hours a week 7.30 4.30 she then changed the contract with no notice to no start or finish times for 12 months we did know if they did not contest it and did it for 12 months it would be agreeing to

If the original agreement was for just 12 months then the old terms kick in to extend it it needs further agreement or if you just continue to work under those terms it can stick ( good trick to change terms put a limit on to get agreement then never switch back)

we have been told that withholding wages is illegal but we just want the p45 i am getting to the stage i want to go for this constructive dismissal but hubby does not want the hassel

What constructive dissmissal?
They agreed new terms worked them and then resigned

the only thing not covered by what you say is the contracted hours and potential deductions.


I think you need to be much clearer why you think there is a case for constructive dismisal, so far from what you have said I do not see one.

You don't need a p45 to carry on your life and do a tax return, info from payslips should give the the same info.

Savvy_Sue

The lack of a P45 isn't going to cause too many problems: your DH should ask for a P46 at his new job, sign that to say this is now his only or main job but he's had another job since 5th April this year, job done. Tax office will chase previous employer for the P45 if it's not forthcoming.

*Jane*

My husband is going to ring again today and request his p45 and final wage slip if no joy i will write a letter requesting it and send recorded delivery.
I will try and explain a bit better about the situation.
Last year the main contract that my husbands firm had went bust overnight, They were asked to go on 4 days till they could find other work, with the way things were at the time with people losing jobs etc they did agree to it but it was all done properly with meetings and letters
Four months later they were put back on 5 days when the work picked up.
Then a few months later this woman was bought in to try and sort more work out, she sacked one bloke who had worked for the firm for 32 years and then suspended the other owner.
My husbands contacted hours were 7.30 - 16.30 overtime paid before and after these hours.
He recieved a letter 4 weeks ago stating the contracts were being changed to no start of finish times and overtime would be paid after 40 hours. so if he started at 4.30 in the morning which often happens he would be getting normal time.
Aweek later they sent a grievence letter that they all signed saying they did not agree to this and were working under protest, they asked for a group meeting to discuss the changes.
She refused to see them as a group and said she would only see them on a one to one basis.
My husband has now left and in his notice letter he put he was leaving due to the changes she has imposed.
Having read the comments i presume she knows whats she doing and there is nothing we can do about it.
Just glad he has got another job and it out of it.

shikoku

I can understand your husband wanting to draw a line under it and move on. That is what I decided to do. At the end of the day he must decide what is best for him and not be influenced by what others want him to do.

However I would pursue the p45 aspect just for the satisfaction of making them comply with the law.

Premier_2

*Jane* wrote: »

...We know they are delaying on purpose so is there anything we can do.

As MyRubyRed asked, what would be the motive for doing this? :huh:

As Savvy_Sue says, it won't cause your husband many problems and if he doesn't have a P45 for his next job, he should ask the new employer to provide a P46.

*Jane*

Premier wrote: »

As MyRubyRed asked, what would be the motive for doing this? :huh:

As Savvy_Sue says, it won't cause your husband many problems and if he doesn't have a P45 for his next job, he should ask the new employer to provide a P46.

We presume he will have to pay emergency tax till sorted. He gets paid this week from new firm and then we are on holiday for 2 weeks so he will not get a wage because he has not been there long enough for holiday pay, we really could do without paying emergency tax this week.
My husband rang them today and said i will be going tomorrow for the p45 and final wage slip, they have asked for his overalls back. I am going to take them but if there is no p45 and final wage slip when i go i will keep the overalls till we get it.

Dizzy_Ditzy

*Jane* wrote: »

We presume he will have to pay emergency tax till sorted. He gets paid this week from new firm and then we are on holiday for 2 weeks so he will not get a wage because he has not been there long enough for holiday pay, we really could do without paying emergency tax this week.
My husband rang them today and said i will be going tomorrow for the p45 and final wage slip, they have asked for his overalls back. I am going to take them but if there is no p45 and final wage slip when i go i will keep the overalls till we get it.

He wont need to pay emergency tax with a P46, thats what its there for.

Hammyman

Hang on. He left on the 11th, payday was 17th, its the 21st and two of the days inbetween then and now were a weekend. Its quite feasible and reasonable that it wasn't even posted until today.

Even if he has a P45 to take to his next job, he could end up on BR/Week1 until the new employer gets his tax code from the local tax office.