# Voluntarily left job, SW payment delayed: ExEmployer footdragging P45 P60 other forms



## wbbs (23 Jun 2010)

Hi All,

I left my job in February as I was basically being bullied by my boss, it was a very difficult environment to work in, was even affecting my health. 

About a week after I left I went to my local Social Welfare to apply for the dole, they asked me to bring in my P45. It took my former employers 3 weeks and 2 phonecalls to send it to me. 

I brought that in, and was asked for my P60. That took me another month to get that from my employers, drawing blood from a stone would be simple after dealing with these people.

Because I terminated my employment I had to write a letter stating why I had done so, I completed and returned this in early April and was told my employer would have to confirm that I terminated it.

So I have signed on three times now and have received no money yet. I was being patient, I know they are busy, but my savings are pretty much gone now. 

So today when I signed on I asked when I might get any payment, they said that there is a delay in my application.

The delay is that they sent a form to my previous employer on April 20th to be signed, it has yet to be returned to SW.

I'm so angry, these people have made everything difficult for me. 

*Can anyone tell me what form would have been sent out to them? and what information is required on that form?*

Would it contain details of the letter I wrote to SW or would it just be general info needed? I'm just wondering because if it contained my version of events I'm thinking that they wouldn't return it because they don't want to acknowledge that that is indeed what happened.

If anyone has any idea what the form(s) would be I'd appreciate it if you could tell me.

Thanks


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## solstice (23 Jun 2010)

Usually with these things it is easier to lie and say the contract ended or simply that you were let go, then usually no questions will be asked.  If you give honest reasons about having been unhappy in the job etc it makes things more complicated. 

I don't have an answer to the exact question you asked. I would only suggest that if you find out that they've received a letter containing a complaint about  bullying etc to ask if it's possible to withdraw this and submit a new  letter?   It might be an idea then to call your previous employer and make an appointment to call to them in person and this could be sorted sooner than it otherwise would. After six months what have you got to lose? Maybe some compromise could be arrived at eg the decision to end the employment was mutual, or due to cutbacks or something..I don't know as I don't know the nature of the job etc. But some form of compromise or meeting of minds might be what's needed to get them to co-operate. 

I wish you luck with getting this sorted. Hopefully someone else will reply with an answer to the question re forms.


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## ajapale (23 Jun 2010)

wbbs said:


> *Can anyone tell me what form would have been sent out to them? and  what information is required on that form?*



Thread reinstated, moved to correct forum, title reworked and question summarised as above.

aj
moderator


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## wbbs (23 Jun 2010)

ajapale said:


> Thread reinstated, moved to correct forum, title reworked and question summarised as above.
> 
> aj
> moderator



Thank you.


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## Welfarite (24 Jun 2010)

I'm guessing that the form they are referring to is a form asking the reason why you left the job. This is to compare with your version of events. It would not contain detail of what you said/wrote. If the employer does not return the form within 7/10 days, then SW decide the claim without it. SW will not delay payment if the employer is delaying issuing of forms such as p45 or other forms. p60 should be irrelevant as details would be on line for SW to check.


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## dereko1969 (24 Jun 2010)

Should you not have applied to the CWO for assistance in the meantime?


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## lightswitch (24 Jun 2010)

Should you not be taking your employer to the Labour Court for constructive dismissal?

I know several people who have had to take time off over the past couple of years due to workplace bullying stress related illnesses.  Should this be tollerated, it is extremely bad for business.  

If you do decide to go the court route I believe you only have a 6 month window to make a complaint.  I am open to correction on this though.


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## wbbs (24 Jun 2010)

Thanks for your replies.

I haven't gone to CWO because I have been living off savings while I waited, they are just about to run out so I was just going to check up on my claim's progress before it runs out.

I won't be taking it to court, it's complicated, I don't want to go into it here, to be honest I'm just happy to be gone from the place and would prefer to forget it and move on, I was a witness for an ex manager who took an ex boss to court and it wore her out more than the bullying. 

Welfarite thanks for your reply, I wonder why they held up my claim so after the 7-10 days? Sigh, it's impossible to know who to blame in all of this!


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## Welfarite (24 Jun 2010)

When did they write to employer? There may have been a delay before they even got around to looking at it; offices are under pressure due to volumes of claims and lack of staff. 
If you are runnin out of money, you can go now to CWO. Not going on Day One would make no difference as at least the arrears will be yours to replenish your savings and not refunded to the HSE!


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## wbbs (24 Jun 2010)

They sent letter to employer on April 20th, and as yet have heard nothing back from them. The girl I spoke to yesterday in SW said they would send it again and inform them that this was their second "warning" for want of a better word that they had to send it back. 

To be honest though I have feeling that what they will write as my reason for leaving will not match what I wrote, slight bit of denial over why I left on my managers part. Any idea what'll happen my claim if this happens?


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## Welfarite (24 Jun 2010)

If there is discrepency in their reply from your version, they will talk to you again about it. TBH, they seem to be unsure whether you left with just cause or not but I would think that the fact that the employer hasn't replied at this stage should be proof enough of how they treated you; i.e. they are treating SW the same way and ensuring you suffer financially even after you had to leave your job! I would go in to SW again, ask for supervisor and tell them that!


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## wbbs (24 Jun 2010)

Thanks, yeah from the start I knew they'd be trouble, every time I have gone in to SW I have told them that it's not me taking my sweet time getting them the info they asked for. I am hoping that their behaviour will illustrate exactly what I meant when I said they were difficult to work with! Thanks again for your help, going to go into SW tomorrow again.


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## wbbs (25 Jun 2010)

Hi,

I received a letter from SW this morning saying I will receive JSB next week, backdated to April 20th, delighted, they obviously went ahead without getting forms back from my ex employers.  Thanks for all your help, Welfarite especially.


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