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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47362
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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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: 11 months ago.
Category: Employment Law
Expert:  Ben Jones replied 11 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 11 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 11 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 11 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 11 months ago.

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

Customer: replied 11 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 11 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

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Customer: replied 11 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 11 months ago.

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

Customer: replied 11 months ago.
It is ok now. Thank you very much.
Expert:  Ben Jones replied 11 months ago.

No problem, all the best

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