Being refused my P45

ChrisD89 · 05-09-2013 3:56pm #1

My latest employer is refusing to give me my P45.

My last day worked was on Tuesday 6th of August. I got a pain in my pelvis and I worked through it and went to my local Doctor On Call that evening who referred me to my doctor the following day. My doctor told me I have Inguinal Hernia and am fit for work but absolutely no heavy lifting so I rang my employer who called me back that evening and said that I would only be a liability on the factory floor and they cannot take me back.

When I was sorting out my rent allowance I was asked to provide a copy of my P45. When I rang my employer they said that in order to get my P45 I must first submit a handwritten & signed letter of resignation backdated to the 7th of August. I refused to submit a letter of resignation as I did not resign, I was let go.

So I rang revenue, who said that they would send my employer a P43 which would give them no other choice but to send me my P45. After 2 weeks and no P45 I rang revenue again who then advised me to call the National Employment Rights Authority as there is nothing that Revenue can do. So I rang the Employment Rights crowd who then told me to contact revenue and speak to a supervisor because I should not have been advised to contact them as it is a revenue issue.

I have even been in contact with my solicitor who said he cannot understand the situation and unfortunately there is nothing he can do about it.

So here I am been handed from 1 authority to another , people not understanding the situation, people not bothering to do anything and still no f**king P45 or rent allowance, what should I do?

Long Term Louth · 05-09-2013 4:14pm

Did your doctor say that your pelvic injury was caused by heavy lifting?

ChrisD89 · 05-09-2013 4:17pm

Long Term Louth wrote: »

Did your doctor say that your pelvic injury was caused by heavy lifting?

He said he couldn't confirm or deny, but in his medical opinion he would be more on the No side. But I had no problems before I started working there. So where do I go from there??

Long Term Louth · 05-09-2013 4:20pm

ChrisD89 wrote: »

He said he couldn't confirm or deny, but in his medical opinion he would be more on the No side. But I had no problems before I started working there. So where do I go from there??

Did your work involve heavy lifting on a daily basis? And if it did have you ever been trained in manual handling?

ChrisD89 · 05-09-2013 4:24pm

Long Term Louth wrote: »

Did your work involve heavy lifting on a daily basis? And if it did have you ever been trained in manual handling?

Yes the work was nothing but heavy lifting for 12 hours a day, and I didn't receive any manual handling. But surely if I have no proof it was the work that caused it then I can't do much about it.

Long Term Louth · 05-09-2013 4:31pm

ChrisD89 wrote: »

Yes the work was nothing but heavy lifting for 12 hours a day, and I didn't receive any manual handling. But surely if I have no proof it was the work that caused it then I can't do much about it.

The type of hernia you have can be caused by heavy lifting, so I would look into it further if I were you.

wmpdd3 · 05-09-2013 4:38pm

^^^ Go back to your solicitor.

Sign nothing.

Write to your employer (by registered post if possible), saying that you are not happy with their verbal request for a letter of resignation.
Let them know in writing that if you do not have your P45 within 10 days you will proceed with an appointment with a supervisor in Revenue.

Then go to revenue and get the name of the person who told you there is nothing they can do about the lack of P45, tell the person you need their name for the Social Welfare office.

The above may get you nowhere, but you have nothing to lose.

ChrisD89 · 05-09-2013 5:05pm

wmpdd3 wrote: »

^^^ Go back to your solicitor.

Sign nothing.

Write to your employer (by registered post if possible), saying that you are not happy with their verbal request for a letter of resignation.
Let them know in writing that if you do not have your P45 within 10 days you will proceed with an appointment with a supervisor in Revenue.

Then go to revenue and get the name of the person who told you there is nothing they can do about the lack of P45, tell the person you need their name for the Social Welfare office.

The above may get you nowhere, but you have nothing to lose.

Here is an e-mail I just sent to them.

To whom it may concern,

I am writing to you under advisement of my solicitor regarding my P45. I have been advised to request access under section 4 of the data protection act 1998 & 2003 for my PRSI contributions (P45). I have been instructed to leave my name, address and PPS number on the bottom of the e-mail for your information and to cease communication as the only correspondence I should receive is a copy of my P45. I have also been advised to inform you that if I do not receive a copy f my P45 after 40 days that I am within my rights to file a report to the Data Protection Commissioner.

This is my second request and there will not be a third. There will also be no letter of resignation as I did not resign. I was told that I was both a liability and unsuccessful in my 2 week trial period.

Regards,
NAME

ADDRESS

PPSN

05-09-2013 5:07pm

ChrisD89 wrote: »

Here is an e-mail I just sent to them.

To whom it may concern,

I am writing to you under advisement of my solicitor regarding my P45. I have been advised to request access under section 4 of the data protection act 1998 & 2003 for my PRSI contributions (P45). I have been instructed to leave my name, address and PPS number on the bottom of the e-mail for your information and to cease communication as the only correspondence I should receive is a copy of my P45. I have also been advised to inform you that if I do not receive a copy f my P45 after 40 days that I am within my rights to file a report to the Data Protection Commissioner.

This is my second request and there will not be a third. There will also be no letter of resignation as I did not resign. I was told that I was both a liability and unsuccessful in my 2 week trial period.

Regards,
NAME

ADDRESS

PPSN

You only worked there for two weeks?

elfy4eva · 05-09-2013 5:07pm

Sounds pretty thorough, let us know how you get on!

Mrs OBumble · 05-09-2013 5:12pm

Go to your TD. S/he may be able to use local relationships to get your employer to see sense, ie that they have laid you off because you are no longer medically fit to do the job - which they are totally entitled to do - so they need to put this in writing and to issue your P45.

Do not do anything about liability for the injury until after you have the p45 sorted out.

Sir Oxman · 05-09-2013 5:16pm

ChrisD89 wrote: »

Here is an e-mail I just sent to them.

To whom it may concern,

I am writing to you under advisement of my solicitor regarding my P45. I have been advised to request access under section 4 of the data protection act 1998 & 2003 for my PRSI contributions (P45). I have been instructed to leave my name, address and PPS number on the bottom of the e-mail for your information and to cease communication as the only correspondence I should receive is a copy of my P45. I have also been advised to inform you that if I do not receive a copy f my P45 after 40 days that I am within my rights to file a report to the Data Protection Commissioner.

This is my second request and there will not be a third. There will also be no letter of resignation as I did not resign. I was told that I was both a liability and unsuccessful in my 2 week trial period.

Regards,
NAME

ADDRESS

PPSN

you do not have to wait up to 40 days for p45, the employer is legally bound to hand that to you on your last day.
Revenue are the ones to go after them.
The employer obviously afraid of a comp claim from you hence them asking for a resignation letter , they would be in the **** also because they have no record of you completing MH training

ChrisD89 · 05-09-2013 5:17pm

Deleted User wrote: »

You only worked there for two weeks?

Yeah under two weeks. I was willing to work through it until I got the surgery I am scheduled for but they wouldn't allow it, which is understandable from their end

ChrisD89 · 05-09-2013 5:24pm

elfy4eva wrote: »

Sounds pretty thorough, let us know how you get on!

Will do

Mrs OBumble wrote: »

Go to your TD. S/he may be able to use local relationships to get your employer to see sense, ie that they have laid you off because you are no longer medically fit to do the job - which they are totally entitled to do - so they need to put this in writing and to issue your P45.

Do not do anything about liability for the injury until after you have the p45 sorted out.

Thanks Mrs OBumble, dont really have any interest in a compensation TBH, I just want my affairs in order at this stage.

Sir Oxman wrote: »

you do not have to wait up to 40 days for p45, the employer is legally bound to hand that to you on your last day.
Revenue are the ones to go after them.
The employer obviously afraid of a comp claim from you hence them asking for a resignation letter , they would be in the **** also because they have no record of you completing MH training

When I rang NERA (National Eployment Rights Authority) their recorded advise said that a complaint may be made if the P45 isnt received after 40 days of request of access. Also revenue are doing nothing about it, just advising me to ring NERA who in return is advising me to ring Revenue. Bit of a catch 22 really

wmpdd3 · 08-09-2013 11:15am

It looks like your employer may have decided not to put you on the books at all. This is the way it looks to me.

Did you get paid for your work, did you get a payslip?

If you paid emergency tax then you may need the p45 to get it back.

I realise you need the p45 for your benefits but for employment you'll be fine, you can just ask the revenue to put you on a week one basis. Hope this works put for you.

Being refused my P45

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