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Unlawful Dismissal

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  • Just on a technical point, you won't have lost your continuity of service, etc. If you leave a company and come back in less than a week, it's taken as continous anyway, even if your employer did nothing. As it is, if a p45 is issued in error, I am sure that there is some process for getting it cancelled with the Revenue.

    In relation to a couple of the other posts, it is a common mistake to believe that you can claim for 'stress' as an independent thing. You might be able to claim if your working conditions cause so much stress that you become long-term ill (disabled - meaning you'll be, or already have been, sick for at least a year), but this really does just sound like a c***-up by payroll and I don't see how it will make you that sick. Even if you did claim, what you get back is mostly just lost earnings, it's not the huge lump sums that you hear about in the US.

    I know this is probably not what you want to hear, but I think that what you are owed is a grovelling apology, not any compensation.
  • Missy79
    Missy79 Posts: 217 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    If you're worried abount any effects on length of service and benefits etc you could contact your union for advice (if you're a member) as this would be independent of the company (I'm not sure if I'd trust the company HR/management on such a potentially important issue).
    Make a note of the content, time and date of any conversation with regards to this at work with HR etc just in case. If you ever did have to make a claim this would be really helpful to you, especially if you can get nothing written from them.
    I have usually found my local tax office to be helpful and I suspect the queues would be shorter than citizens advice.

    Good luck
  • Yes, it's a legal issue how length of service is calculated, and I agree that you should contact someone if you're worried. It can pay to have someone put your mind at rest. However, it will be continuous service unless there is at least a one week gap (counting a gap as running from midnight Saturday to the same time the following week). Unless it's bigger than that, there is no effect on continuity. It's in the Employment Rights Act.
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