Finding it hard to get a P45

Posting for a friend:

My friend was working with a company for a couple of months, she got pregnant and was getting quite sick and took a good bit of time off work, her employer doesnt pay sick pay.

She didnt feel that the employer was sympathetic to her sickness and used a period of sick leave to find another job. She found another job however when she contacted her old employer for a P45 he said to her "I thought you were out sick."

She told him she didnt feel that she shouldnt have to go on unpaid sick leave because she was pregnant her employer told her it was company policy not to pay sick leave regardless of the condition.

He told her that he would "get around" to sending out her p45 but has yet to do so, she is now concerned that this will affect her maternity leave later in the year as she would be unsure how many prsi contributions he has paid for her.

Personally I think it was a bit of a bad way to leave it with the old employer and i can understand him not giving a damn about her P45. The question is in the light of this circumstance can she just go to the revenue and say "I dont work there anymore and give me a new tax credit cert" for her new employer or does she have to get him to give her a p45. I would assume (though not 100% sure) that he wouldnt have to say what prsi he paid for her until p35 time and that may affect her maternity benefit.

Hi Contemporary

Do a search on Askaboutmoney - this issue has come up before and the recommended approach got an immediate result

Brendan

I dont know how relevant these are, what if revenue ring him and he claims she is still an employee, never handed in her notice, went on the sick and assumed that she was claiming SW sick pay?

contemporary said:

I dont know how relevant these are, what if revenue ring him and he claims she is still an employee, never handed in her notice, went on the sick and assumed that she was claiming SW sick pay?

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She should confirm in writing that she already gave notice verbally and reiterate that she has resigned possibly sending it by registered mail. Then at worst the employer could claim he never received the verbal notice but her notice should still be effective from the date of the written confirmation anyway.

Once the written confirmation of notice has been received she should request a P45 again. This will confirm her PRSI paid and the number of insurable weeks paid.

thanks dam099, thing is she hasnt formally given him notice! he was under the impression that she was comming back until she asked for her p45!