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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49855
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My contract was terminated on 15th Jan. I am being paid in

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My contract was terminated on 15th Jan. I am being paid in lieu of notice but my employer wants to continue to pay me monthly - is this legal. I'm not employed by them anymore and just want my P45 and to move on
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Have they said why they want to do this?
Customer: replied 2 years ago.
Hi BenNo. I assume that it must be cash flow. I am due to start a new job on Monday and am worried about the tax and my P45
If your employer decides to exercise the ability to terminate your employment by paying you in lieu of notice, then your employment would terminate immediately and all payments would become due straight away. Often the employer may delay payment until their next pay run but that is when all due payments would usually be made. Legally there is nothing wrong with continue paying you as normal over time as if you still continued working there but that is something which should only happen with your consent. If you do not want such an arrangement you can certainly oppose it and request that you are paid now or in the next pay run at the latest. 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 2 years ago.
ThanksWhere do I stand from a tax and P45 point of view ?
Customer: replied 2 years ago.
Hello ............ was that all the advice you could offer ?
P45 should be issued on termination of employment, which is 15 January, although it usually follows a short time after. I can’t advise on tax unfortunately – employment law and tax and completely separate areas so you need to speak to a tax adviser about any tax issues.
Customer: replied 2 years ago.
Not a lot I can do then ?, I will just have to hope they continue paying me
If they do not lay you what you are due then you have protection and can take the matter to a tribunal to pursue what you are due
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