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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47378
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My daughter was made redundant on 13th February (we have a

Resolved Question:

My daughter was made redundant on 13th February (we have a dated letter confirming this) but the P45 they provided stated that she ended her employment on 31st December - possibly because they still haven't paid her for January, February or the portion of March covering the remainder of her notice period. What can or should we do next, please?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell me have you been in touch with your daughters company HR department about this please.

Customer:

No, we haven't yet. She was hesitant about us doing this until we took some advice. Many of the other employees are in the same situation and have been seeking advice also but we are not sure if they can afford to do anything about it.

Ben Jones :

Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.

Ben Jones :

Thanks for your patience. Even though she may not have been paid yet for Jan, Feb or Mar, the date her employment terminates does not actually depend on that. So the fact the employer had issued a P45 which refers to her date of termination as 31 Dec is incorrect. There is little that Citizen Advice can do to help here and you would need to contact Inland Revenue to resolve this. The P45 is used by the Inland Revenue to calculate the employee’s tax liabilities from that particular employment and determine her tax code. So you need to contact your local Revenue office and raise this issue with them, advising them of the actual dates of employment and requesting that they amend their records.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Customer:

Thank you for your reply. What would be the best way for my daughter to approach the employer to request the money due to her, though we know they were struggling financially - the reason why so many of them were made redundant?

Ben Jones : She should write a letter advising them it is unlawful deduction of wages and request payment within a specified time period, say 10 days, reminding them that after this she will have no choice but to take the matter to the employment tribunal. If they happen to go insolvent and are unable to pay her, she could get some of the money owed through the Governments National Insurance Fund. hope this clarifies things for you?
Customer:

How useful might it be for her to somehow mention that they have issued the P45 declaring that they "certify that the details entered in items 1 to 11 on this form are correct" which includes the leaving date? Effectively, they have provided knowingly inaccurate information to the Inland Revenue.

Customer:

Also, if we need to take this to the Employment Tribunal, how do we go about it, please?

Ben Jones :

It is unlikely that they would get into much trouble by doing this - they may get a ticking off by the IR but they will not pursue them formally for anything. So whilst there is nothing preventing you from mentioning it, it does not mean that it is something that will change things immediately for the better.

Ben Jones :

The full process on making a claim can be found here:

https://www.gov.uk/employment-tribunals/overview

Ben Jones :

Does this explain things for you?

Customer:

Thank you for all you help, Ben. We will follow your advice and attempt to get a satisfactory resolution for this.

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