Advice for my Dad who has been sent P45 while on Furlough 27 October 2020 at 4:35PM in Redundancy & redundancy planning 6 replies 611 views

spearsyuk

Hi, i am after some advice on behlf of my father. He was a painter and decorator for a company for over 5 years but was never given a written contract of employment. He paid tax through PAYE etc and in March was placed on Furlough. He went back to work in July but had a major accident at work after 3 days and spent 6 weeks in hospital. The company said they were putting him back on Furlough (rather than sick as he would receive more money p.m) and would review his health etc in October, however he was sent a P45 in August wihtout any notification or reason. I wanted to find out where he stands (if anywhere), as he is now unfit to return to work following the accident. I am concerned the company have taken advantage of him due to his age etc and im not sure if there is anything we should do? Appreciate any advice.

Comms69

He needs to act quickly, and get confirmation of what's happening.  (waiting almost 3 months is pretty silly to be blunt - has he been getting paid?)

spearsyuk

He only physically got his P45 2 weeks ago as he had been staying with friends due to his health after his accident (it was sent to his home address where). He was payed furlough until August so no further pay. There was no discussion between him and the firm to say he was unfit to return to work, they just sent him the P45.

tacpot12

He has a right to be told why he has been dismissed, in writing. See here for more information about what he can do: https://www.gov.uk/dismissal

macman

This strikes me as fraudulent. It was probably saving them money by putting him on furlough after the accident than paying him sick pay, but if he was unfit to work then he cannot have qualified for furlough.
You need find out on what basis he has been dismissed, since they clearly haven't just made him redundant? Is this a case where his injury might form the basis of some sort of industrial injury claim?
I too am baffled as to why nothing has been done since August?
Comms69. it is assumed that he received his final furlough salary back in August, as they can't have issued a P45 and then carried on paying him.
The issue here isn't that they promised him furlough until October and then reneged, because that is permissible, but the basis on which they have terminated his employment.

Smashingitnow

Were the conversations between your Dad and the employee in the period after the accident on email or phone? Ie you say they said they were putting him on furlough...on the phone or on email or by letter? And what did your Dad say about his intentions? You say "taken advantage of because of his age" so is he now claiming a pension? Someone in their 60s or early 70s wouldn't normally be thought vulnerable so just wondering why you raise his age and if retirement and pension claiming is an option for him?

Manxman_in_exile

He had an accident at work and spent six weeks in hospital as a result?

Ignoring the dismissal for a moment, does he have the basis of any kind of injury claim against the employer?  Is he in a union?