Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Has your previous employer confirmed that you will definitely be receiving this at the end of August?
OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
No problem at all
Many thanks for your patience. There is no specific time limit for issuing a P45 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".
The issue is that you cannot force the employer to issue the P45 and there are many instances where they simply refuse to do so. You cannot physically force them to provide this to you. Sadly there is no specific remedy in law if the employer fails to provide a P45. The employee would generally request a copy from HMRC. If the employer fails to file the P45 with HMRC, then the employer may be liable to penalties for failing to file P45. So the best argument you can take up to try and get that is to warn them that failure to issue you with a P45 would leave you with no other option but to report the matter to HMRC and they may then be liable for penalties as a result.
As to the holiday pay they are not really withholding it. There is no specific provision requiring the employer to pay you sooner than the usual pay run that you were getting paid under. So if you have missed the last one then you may have to wait until the next one to get any outstanding pay. You cannot force the employer to pay you sooner – the only way would be to make a claim in tribunal and by the time that is processed and heard, it would be way after the pay date you are likely to be paid on so it would be a pointless exercise.
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it is the next pay day as per the terms of your employment, so it would be the pay day you would have normally been paid on. Many employers run a payroll only once per month when they pay all the employees' salaries at once and it is certainly not uncommon for them to do this with departed employees as well, on the assumption that they have left after the last pay date. Hope this clarifies?