real serious help needed and advice

gerrycollins

this is gonna be long sorry in advance will keep it short as possible

my brother worked for X for x mas contract,4 weeks, last year. It was his first job for 2 months so handed in P45,of course 4 weeks not enough to process the P45 so they handed it back to him when contract over and was told to "bring it to the tax office or wait till he started new job for tax to be sorted out" he was on emergency tax at the time

1 Month passed new job arose so presented same P45 to new employer,3-4 weeks passed and no sign of any tax issues been ammended so he spoke to manager of branch and was told "it would take a weeks or two to sort out" due to issues still been investigated he was let go a week later(a different story alltogether)

Went to social welfare to sign on and was told he neeeded P45 from employer or letter stating he was fired.

he went back to branch asked for the above was told P45 back in 2 weeks and was not issued with letter(how hard would it be)

So no dole for 2 weeks "i'll survive" he said

9 weeks went by with phone call and visit after phone call and visit to get P45 sorted and was told "i'll send and email to our HR dept"

So no dole for 9 weeks parents helped him out as did i

got a new job then emergency tax again due to no P45
It's over 4 months ago since he handed in P45, head office is outside country,multiple promises and emails and calls made, registered letter requesting urgent issue of P45 ignored

Have solicitor involved now but as so far he is unsure of what dept is responsible in government,what issues with tax at end of year due €800 in back taxes at least.

He has sent letter but reckon it will be ignored too what can i do or who can i inform of this issue to get action just wanna go in and bang heads together but that last thing i can do

ps contacted tax office they issued a P31??? i think and it has been ignored and after that the tax office have done nothing for him,now he is a lazy sod of sorts lol thats why im doin the chasing for him but thats what brothes are for. next step outside protest or sit down protest

Miguel_Sanchez

Just to point out that even when he does get his P45 and goes to the dole with it it'll take them about 6 weeks to process his claim.

davidoco

gerrycollins wrote:

my brother worked for X for x mas contract,4 weeks, last year........ he was on emergency tax at the time

If this employment was the tax year 2004, write to the Inspector of Taxes with details of any other income he had for 2004 and ask for P21 balancing statement. If that employer was legit he would have sent in a P35 (details of emplyees pay, tax and prsi deducted etc) for 2004 and your brother's details will automatically show up on his computer records with Revenue.

gerrycollins wrote:

1 Month passed new job arose so presented same P45 to new employer,3-4 weeks passed and no sign of any tax issues been ammended so he spoke to manager of branch and was told "it would take a weeks or two to sort out" due to issues still been investigated he was let go a week later

If this was 2005 the same story as above, if the company is legit just wait until April or May 2006 and ask for P21. In my experience if you ain't got your P45 within a couple of weeks of asking your not going to get it.

Revenue, Social Welfare, Labour Inspectors won't chase it up in any serious way unless there is a lot of money involved (Gama Construction) or you've got a contact in Social Welfare or Revenue.

How the feck did he have two employments one after the other where there were problems with getting P45. I bet he works in construction.

In situations like this Revenue would usually issue a Week 1 Certificate so that he wouldn't be on emergency on a long term basis. There's two sides to every story.

gerrycollins

both employers are seriously legit grafton st retailers in fact, the only reason the first company didnt do the paperwork is cause it was only a 4 week contract.
why could the tax office not explain all this to me over the phone,there are some serious knobs working there
he was issued with a week 1 cert to take him off emergency tax in his new employment but he still paid nearly €1000 between 3 jobs(new employer fantastic but cant get involved as P45 personal thing)
i understand that everyone wont follow up these small things but he is one of 4 ex employees who have waited over 3 months to get their P45 and they are just the ones he knows now imagine if they were unfourtunate not to get employment in the intervening time they would not recieve any unemployment assistance the company in question is world famous and a joke wish i could name them
thanks for the info

oq4v3ht0u76kf2

First company wouldn't be a certain Island named after a water based geographical feature would they?

gerrycollins

Bob wrote:

First company wouldn't be a certain Island named after a water based geographical feature would they?

no bob sorry but a certain footwear store where u can get lockers is not far up the street

RainyDay

These guys might be able to help - worth a phone call.

gerrycollins

RainyDay wrote:

These guys might be able to help - worth a phone call.

thanks man but funny I run a shop myself know all the rights he is entitled to but they just a bunch of lazy idiots who wouldnt know one end of a stick to the other

RainyDay

gerrycollins wrote:

thanks man but funny I run a shop myself know all the rights he is entitled to but they just a bunch of lazy idiots who wouldnt know one end of a stick to the other

It's not just a question of rights - They may well be able to advise on the options he has for enforcing his right to a p45. Of course, he could try the old reliables of moaning to Joe Duffy, or just picketing the shop with a nice big sign explaining the problem.

gerrycollins

RainyDay wrote:

It's not just a question of rights - They may well be able to advise on the options he has for enforcing his right to a p45. Of course, he could try the old reliables of moaning to Joe Duffy, or just picketing the shop with a nice big sign explaining the problem.

im visiting the shop personally on wednesday to pick a fight anyone wanna join in ur more than welcome stand up for the little guy
our solicitor is investigating his rights etc so ill leave it to him,he is a personal friend so i have no need to keep tabs on him like others
plus we migh go at them for unfair dismissal,due wages and contempt
ps fight as in been a pain in the ass to the manager im dealing with and he knows i can be one not a physical fight im too much of a whimp to start one plus working rest of week dont want to ring the boss to bail me out

ck1

Only briefly scanned through the posts on this one but just a bit of info for your. The employer should have acted on the P45 on day one. There is no need for them to write to the Revenue for tax credits if a P45 is handed in. If there is no P45 then the emergency basis must apply, employers MUST operate under emergency basis in these cases and there are two types, one where a PPS number is given and another where there is no PPS number. The employers have not acted correctly and it is there responsibility to apply the tax and PRSI correctly. Did he get any payslips?

gerrycollins

oh everything was above board payslips the lot prsi etc just they never processed his P45 at head office level for his duration there and now he wants it back for new job they just wont issue it plain and simple so gonna pick a fight with them they are seriously taking the wee and he is not the only ex staff affected and if they want to ignore legal letters they do so at their own risk. with all due respect to david why should he go chasing the tax man due to an internationaly know retailer who cant do their job properly and all over a slip of paper, he would be better off getting the original that he gave them back and go from there but they cant even do that.

ck1

Well really he cannot use the P45 as he got paid and paid tax after. They probably put him on Emergency tax whereby he only got a tax credit for first four week of €39 with a cutoff of I think €530. He will have to get his new employers to issue a P46 to the Revenue to get credits which will probably go on a Week 1 basis or alternatively they will put him on the emergency basis. The tax credit of €39 only lasts for fourweeks, for the second four weeks he gets the same cut off point but with no tax credits, after that he is fully taxed at marginal rate.

The employer who kept the P45 should issue him with a new P45 with just those earnings, and his new employer needs to sort out their tax credits and it is up to him to claim back any extra tax paid after the end of the year.

gerrycollins

rang solicitor today and he got no reply yet so i rang the shop no answer,but in another shop the manager there was great in trying to get stuff done all along but at the end of the day she is not responsible. she gave me number for no2 in the country as no1 is on hols and she contacted me later to say P45 in post for delivery b4 weekend. said i heard it all b4 and she explained that it was because he did not fill out an exit interview,did u ever hear such crap
anyways rang the no2 and she was blaming everyone else even tho she was manager at the time in the shop. when i said some not so nice words to her she tried to give me numbers for ppl to contact which i have already tried then i mentioned legal action and letters been ignored she perked up and started apoligising but still no real answers.
still no p45 but "its on its way" again heard it all b4,
have considered a request for a meeting next week ,should it not turn up, but i will ask that they have legal repersentation as "im out for blood" at this stage plus i told a little white lie
as part of my conversation i informed them that if my solicitor recieved no reply by tomorrow(wednesday) that he would be applying thru the courts for a meeting with us and a mediator and that the courts would issue the invite and considering their apparent lack of letter opening, it would be bad should they ignore a court letter!!(all bull i know) i then was told the p45 would be in at the weekend why do i get the feeling im been told what i want to hear??
sorry for ranting on and all would love to name the company but will hold my thongue a little more