p45 with no explanation

david3

i was off sick from September 2010 till March 2011,(total 5 months),and then on April 3 monthes ago my employer send me p45 with no explanation but £1600 in lieu, i worked 7 years for the company i couldn't talk to them at the time becuase i was suffered from major depression/backacke due to family breakdown.i then apply for benefit,so
can i ask to get p45 by post means is you been dissmised?
i been advised i could get more money for redundancy?
is it not to late to fight back i haven't contact them since April?
is it worth to see no win no fee lowyers?
many thanks for any advice

pcombo

You got sacked, Move on.

Your unreliable off for 5 months is no good.

SarEl

It is way too late to do anything. If you could make a claim then it would have had to be submitted within 3 months less a day of the dismissal. Depression /backache / making benefit claims are not reasons for being late in making a claim. You were dismissed, not made redundant. And no, there is no point in seeing a lawyer because you cannot make a claim

keith1950

Hi, did you have a contract of emploment, if so read the terms and conditions.

After 26 weeks on the sick they can take action to finish your employment but need to follow the rules.

I get the feeling that you are not telling us the full story, did you send in sick notes to cover the sickness, did you reply to all communications they sent you during the 6 months?

If you were an employee and the position was being made redundant then you would normally receive 7 weeks redundancy and 7 weeks lieu of notice.

i couldn't talk to them at the time becuase i was suffered from major depression/backacke due to family breakdown.i then apply for benefit,so

I suspect that you have just taken 6 months sickness , without giving them any explanation or contact, and as such you have broken your terms of employment and that when the 26 weeks was up they took action to dismiss you.

I cannot believe that they did not send you notice that you had to attend a disciplinary meeting.

If you want advice please post the full facts.

SarEl

But the full facts are not relevant. It is more than three months since this happened. No tribunal in the land will accept a late claim because you were depressed / had backache / needed to claim benefits. Extensions to the deadline are exceptional, and none of these reasons are exceptional.

keith1950

But the full facts are not relevant. It is more than three months since this happened. No tribunal in the land will accept a late claim because you were depressed / had backache / needed to claim benefits. Extensions to the deadline are exceptional, and none of these reasons are exceptional.

Hi, I completely agree, without being completely dismissive of the OP's situation, I was trying show him that his complaint has more holes in it than a sieve.

What is the point of the OP coming on here and only giving half the story.

I will have to try and be more to the point in future.

daveboy

pcombo wrote: »

You got sacked, Move on.

Your unreliable off for 5 months is no good.

Whilst in this case you may be right....I was seriously ill just over 3 years ago and had surgery that ruled me out of working for over 3 months. I had major surgery to remove most of my large intestine.

It isn't always a case of people being unreliable. Sometimes there can be very legitimate reasons, even if in this case there aren't.

keith1950

Hi daveboy, I agree but I bet you kept in touch with your employer, provided proof of sickness and responded to their communications.

I sure you didn't just bury your head in the sand and ignore them !!!

SarEl

keith1950 wrote: »

Hi daveboy, I agree but I bet you kept in touch with your employer, provided proof of sickness and responded to their communications.

I sure you didn't just bury your head in the sand and ignore them !!!

We are making a lot of assumptions here. You are the one who questioned whether sick notes had been sent in (or Fit notes); whether they kept in communication with the employer etc. There is utterly no evidence at all from the OP that they didn't. And no evidence that they "buried their head in the sand and ignored it". All we know is that the OP was sent a P45 and payment in lieu of notice, and that they are now out of time to make a claim.

yvonne13_2

Why didn't you find out what was going on the minute your P45 dropped on the mat?

keith1950

Yes they are assumptions but if he had done everything 'by the book' they would not have been able to get away with this, he must have contributed to the situation to some extent.