Employment law?...P45 issues ?

[torby]

Here's a post I have on MSE...only after posting did I realise...perhaps I should try my friends over on the Business Forum...so here goes?

Confusion abounds....lol....what would you do...

Friend was in the office over the weekend catching up on some work....

saw their P45 sitting with a finishing date of 30th Sept showing salary paid up to date..... (which its not....they only got paid about 45%...with promise of balance tomorrow 30th)

in the office today...no mention of their P45, but their boss has now asked them to work until mid October....

rumour has it the firms going bust....anyone have possible scenarios how this might play out?

e.g. Date of redundancy P45 stands at 30th Sept, any additional work done is under new/different/no contract similar to personal to holder, no g'tee of payment

e.g. P45 gets dumped/re-dated/altered any additional work done may NOT get paid (firm is going under) so basically still contracted by original firm, but might have to work until new P45 gets raised, with possibility of no pay anyway.

Question: Can P45s be created and produced "willy nilly" at a whim...and torn up if required and a new one prepared...


any advice more than welcome....what would you do/say in this position?

thanks

 

[Employment Law Clinic]

Question: Can P45s be created and produced "willy nilly" at a whim...and torn up if required and a new one prepared...

Yes, they're simply a form that gives details of tax in-year for PAYE purposes, and do not signify a change in employment status.

As for a date of redundancy, this would legally be determined as a date that allowed for the appropriate consultation & notice period before any dismissal. They can't create a redundancy position, and then continue employment - additional work - under a different/no contract.

Your friend should simply wait to see how matters turn out, and seek advise then, as nothing but stress & unnecessary complication to their job can be achieved by worrying about what might be.


Karl Limpert