# Employer holding P45? Legal Recourse



## eveanne (5 Oct 2004)

Can anyone help me with this...
I left my job about 6 weeks ago. To date I have not yet received a P45.
I've phoned.. emailed...etc, and have been told its on the way.
Is there a law surrounding P45's? I mean is there a time in which they should be issued....
I'm considering taking legal action.
Thanks


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## maranello (6 Oct 2004)

*p45*

yes they are legally obliged to issue you with a P45 on the day of leaving (and with payslips on each payday and a P60 soon after the end of each tax year as well) though I can't cite the legislation.

My understanding is there is no grace period for the employer in relation to the issue of the P45 and certainly not as much as 6 weeks


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## peggybetty (6 Oct 2004)

*Solicitor*

My friend had same issue, P45 was withheld for 8 weeks, until she contacted solicitor who in turn contacted previous employer. 
Does happen I'm afraid......


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## Guest (6 Oct 2004)

From OASIS





> Rules
> 
> You are entitled  to a P45 form when you leave work. If you experience any difficulty in obtaining a form P45 from your employer, you should notify the tax office.


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## Murt10 (12 Oct 2004)

*Employer holding P45?*

You might also consider contacting a Social Welfare Inspector in the local Social Welfare Office in the area where you were employed. The Inspector may wish to carry out an inspection.

Their powers etc which are quite extensive are shown here.


www.welfare.ie/foi/prsi_inspections.html


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## Rosie33 (9 Nov 2005)

That's nothing!


I left my employer to travel on 11 February 2005 I returned on the 22nd of June.  It is now 9th Novemeber 2005.  I have called the Revenue Commissioners at least 6 times since I returned home to find no P45 waiting for me in the post. All they have done is send a letter out. So much for the powers they are supposed to hold. I am due at least 22 weeks tax credits, which cannot and will not be released to me until my last employer ammends this situation.  The company I left is a huge multi-national insurance company. They don't care, nor is this hurting them.  However, it is hurting me. The company are entirely in the wrong, however the so-called powers that be are doing absolutely nothing!

If anyone has any useful advice. i'd seriously like to hear it.


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## ClubMan (9 Nov 2005)

Have you written to the company to make a complaint about this, perhaps copying _Revenue_ and/or the DETE Employment Rights section? Written letters often have the effect of eliciting action that phone calls cannot. I guess you have probably read the  on _P45s_ already?


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