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help... employment law

Moggy

Gone but not forgotten
random one

anyone know anything about employment law? mainly notice period and what happens if your employer withholds you p45
 
citizens advice bureau is your best bet mate
never heard of an employer withholding a p45, they can be slow at processing.....was it a good parting?
 
Not an expert but fairly sure the law regarding notice periods changed. Used to be what you signed in your contract and related to length of service, the longer you were there the longer you had to give. Generally speaking it's related to how you're paid but legally it's only a weeks notice or what you agreed in your contract.

If they withhold your p45 your new employer will use an emergency tax code, generally means you'll pay more tax until it's received, you'll either get a rebate or an adjustment to your tax code to even itself out.

UCAS or citizens advice is your best option
 
Are y breaking your terms as laid out in your contact and dropping your employer in the shit?

If you are and they are put out by it, they may keep your p45 until the end of the term stated in your contact to be a pain in the arse. I would suspect they would be within there rights to do this.

If they are just holding it past that period then like Dave says, pay the extra tax and pursue it through the cab.

Good luck.
 
Also alot depends on whether you are Ltd Company or a PAYE employee, as a Ltd Company you have basically no rights, they can instantly let you go, but im guessing you are PAYE as you mention the P45.

Its really what your personal contract says, we're all different tbh.
Employers will always try and bend the rules to suit themselves so just be on top of your game. I have just this week had it out with mine as they rejected my request for time off stating time off wasn't allowed ... period, totally contradicting what they said 3 months ago.
By their own rules leave had to be taken in a complete block which is a nightmare so they hope nobody does that,but when somebody does ask for the whole block they dont like it and try and baffle you with crap basically!! ...
Unless it states that in your contract they dont have a leg to stand on !! ...
Contract ... Contract ... Contract. ;)
 
its quite simple really
gave a months notice as per my contract
friday in the first week, having agree'd with the co-owner to that she only wanted me to work 1/2 days, I went in, got told by the other owner that as he doesn't want me there, and as i didn't return after lunch the day before that I don't want to be there, he was changing my notice to 1 week, that day being the last day, and I was to go there and then.

I asked when I would get my p45, and he said pay day (the 28th)

went to sign on with an agency for the 3 weeks until my new job starts and they won't take me without a p45 or written proof that i don't have more than 1 job

so i'm sat at home, looking after a 4 month old with no income for 2 weeks (new boss moved my date forward a week)

i'm sure old boss should be paying me gardening leave or some crap like that as he can't just change my notice like that....

but tbh i can't be arsed fighting him, and he's a nob
 
Part of me wants to wipe the floor with him

Went to citizen advice and they said fight it for your notice pay

But honestly don't know what do to for the best
 
If you fight for your notice pay, then you may get it later on which is no use to you when your actually needing it now, cause the old boss wont hand it over easy.
I would be going in to see him for a friendly visit and discuss it with him.

I know with my job there is a consultation period of so many days if your contract is to be changed so the employer can discuss it with you, so if your old boss has just changed your contract there and then to suit himself then that's not allowed, but its as Dave says, its whether you want to fight it or not.

Its not easy when little ones are involved and I know the feeling.
My 1st employer when I worked at Partco after 5 years called me into his office out the blue one Monday and told me to leave instantly as he didn't like the fact I had been accepted into the army, even though I still had 4 months to wait until my Army entrance date arrived, and I had a 3 month old daughter, wife and house to support, and my parents had just passed away aswell, times were not good ... I went to dole to claim but then the dole refused to give me money as my old boss had told them I had voluntarily left my job !! ... wanker. The dole never did support me to keep family going, I ended up getting a job working nightshift for 4 months in a taxi office for £80 a week.
I always thought it was shocking that this boss was willing to see us starve, i'll meet him one day.
 
Moggy, don't sit back or it might be your little one in 18 years time.

He's acted outside the law and you can have him. If it states 4 weeks, that's what it is, if he pulls the tract that you had un sanctioned leave then it's a written warning, unless you have had written warnings, it's not an instant dismissal.

Like you say, wipe the floor with him, sounds like you have got a pretty good case to me. Soon as you start talking lawyers etc he'll shit himself and pay up.
 
If he asked you to leave you're entitled to the pay, even with the other boss asking for half days you'd still be entitled to full pay (unless you asked to do half days) as its their choice. Sounds like the boss' haven't spoken to each other, he's got a cob on and basically told you to jog on.

Sounds like they don't have a leg to stand on to me.
 
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