How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45306
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

My employee gave me 4 week notice and asked me not to tell

Customer Question

My employee gave me 4 week notice and asked me not to tell anyone in the organisation. I explained I cannot do that because of 1) I need to recruit her replacement and 2) Finance department will need to give her p45 before she leave i.e. on final payroll. It is against the law to issue her with P45 after she has left the organisation.Can I check if number 2 is correct i.e. I must inform finance department.Thanks
Submitted: 5 months ago.
Category: Employment Law
Expert:  Ben Jones replied 5 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Why does the person now want anyone to know?

Customer: replied 5 months ago.
She doesn't like some of the staff who works there calling them gossipers but that is beside the point.I need to double check whether P45 MUST be issued at her last payroll or can we give her P45 after she leaves.ThanksRichard
Expert:  Ben Jones replied 5 months ago.

OK, well as far as the law on issuing P45’s stands, there is no specific time limit for doing so but it should be sent to HMRC as soon as possible after the last pay date, and be given to the employee as soon as possible thereafter. The specific law which provides the rules on issuing a P45 state that when an employee ceases employment, the employer must provide a P45 to that employee "on the day on which employment ceases or, if that is not practicable, without unreasonable delay".

So ideally it must be issued on their last pay date but if there are reasons which make that impossible, such as their own personal request, then you can use that and just issue it at the earliest opportunity thereafter. It is best to discuss this with her – advise her that if you were to tell someone it would only be a person in payroll and if she does not wish for that to happen then her P45 will be delayed and get her to sign something which shows she knows and accepts this.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 5 months ago.
Thank you for your clear explanation - one more clarification.She is leaving on 31st August. Pay day is this Friday 12th August. So can I give her P45 on the last day or this Friday.Thanks and I will pay you a bonus.
Expert:  Ben Jones replied 5 months ago.

So will she paid up for the rest of the month then?

Customer: replied 5 months ago.
the payday on 13th covers 2 weeks in advance and 2 weeks in arrears so yes she will be paid up to 31st August.
Expert:  Ben Jones replied 5 months ago.

then yes you can issue it on Fri if necessary, but again, if needed you an delay it until her last date - the law I mentioned is quite obscure and not that well known amongst the general public, so usually most people get their P45 after the leave and if she does not get it on her last pay date I doubt she would know she could have had t given then

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45306
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 5 months ago.
Thank you very much, you have clarified for me the legality of when to give her P45.Legally we have to issue P45 at her last pay day however I understand from your end I do not have to give to her P45 until her last day.Can you please advise how much to pay her as I will cancel membership now so it is not fair to get away with it.Thanks
Expert:  Ben Jones replied 5 months ago.

Hi what do you mean by how much to pay her please?

Customer: replied 5 months ago.
It is ok now. Thank you very much.
Expert:  Ben Jones replied 5 months ago.

No problem, all the best

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10492
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10492
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    671
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.
 
 
 

Related Employment Law Questions