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Randomly sent my P45?

255 replies

LeaLoo82 · 17/09/2020 18:35

I’m so confused, I work for a car dealership and have been off on maternity due to go back on 11th October, today I’ve randomly received my end of employment p45 in the post? Yet no one from my work have told me I’ve been sacked or lost my job? There are no redundancies either. I went to message my boss on our work group chat to see I’ve been removed. I’ve never had any warnings or disciplinaries nor am I on a probation period as I’ve been there 8 and a half years. Can they legally do this?

OP posts:
Nikori · 18/09/2020 15:49

Interesting that they are contradicting themselves already. Good luck with ACAS.

holdmysocks · 18/09/2020 16:10

Enjoy your payout OP!

LeaLoo82 · 18/09/2020 16:16

I’ve got an appointment with an employment law solicitor on Monday, as apparently it is unfair dismissal

Hope it’s a decent payout if I get one! Need a bloody holiday

OP posts:

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whynotwhen · 18/09/2020 16:18

Yes! Get your money girrrrrl !!

ApolloandDaphne · 18/09/2020 16:22

That is outrageous behaviour on their part. I hope you get a huge layout.

WickedEmoji · 18/09/2020 16:26

Woah, they will be in trouble ! Good luck!

Ditheringdooley · 18/09/2020 16:45

@LeaLoo82 well done and hope the appt goes well.

It will be helpful for that appt if you can:

  • write down what you remember/ what has happened
  • take along any relevant policies you have
  • screenshots ready on your phone.

You can’t be made redundant like that and it completely sounds like unfair dismissal. Still sucks that you can’t go back to your job and you have such little notice of it.

AmelieV88 · 18/09/2020 17:16

This reply has been withdrawn

This has been withdrawn by MNHQ for breaking our Talk Guidelines.

MarshaBradyo · 18/09/2020 17:20

Well done op

DottyFlossie · 18/09/2020 17:34

Good luck OP.

Bluntness100 · 18/09/2020 17:47

This one is very much a given I think and the payout should be a good one. Add in youre on maternity, they have hired the niece, and they are doubley fucked. Really don’t let this go. They have broken the law all over the place.

Poppyolive90 · 18/09/2020 17:49

Unbelievable. Hope the solicitors appointment goes well

LaurieFairyCake · 18/09/2020 18:11

Huh! I used to work somewhere 20 years ago where somewhere forged an email to pretend an employee had resigned

Wonder if it's the same as the one above ^^

NearToCompletion · 18/09/2020 18:17

Hope you get an awesome holiday Op, AND chance to get a new job somewhere that treats their employees right!

stoppingstones · 18/09/2020 18:42

A redundancy process needs to be fair and a full consultation is required. Usually notice of intention. Possibly asking for anyone to take a voluntary redundancy.
Then after that, a proper process. Usually a business case should be produced to demonstrate why the redundancy is necessary, why the role is no longer required.
The potential candidates should then be informed. A matrix needs to be drawn up in order to determine who are the stronger candidates. The redundant employees usually score the least on the matrix. The matrix usually has certain criteria on it such as length of service, might take into account sick leave ( non-maternity), perhaps performance, previous disciplinary procedures etc etc...
all of this information should be producible if required. The employees can even ask to see how they score.
Then a meeting should be held where the employee is informed they are a possible candidate. They need to bring a third party with them to witness proceedings. Then a package is offered and they can accept it, or seek legal advice if required.
Then a settlement is agreed. References might be provided as well. All of this happens well before the P45 stage.

I am do sorry this has happened to you. What an awful shock. Take them to the cleaners, for their cruel treatment of you, and their massive stupidity

mummabear1967 · 18/09/2020 19:27

So sorry to read this OP, I hope you are ok. This must be an extremely stressful situation.

I really hope you can get this sorted soon, and you will. You will come out better in this and they’ll come out the worst.

What a horrible thing to do to anyone. I can’t quite believe that an employer would be so nasty and devious to do something like this. Sickening to the core

Fairybatman · 18/09/2020 20:14

Make sure you get / keep evidence of arselicker boss telling others that you have chosen not to come back (helps prove that others were not aware of redundancies and no consultation) and evidence of niece being employed in the same role.

Also may be worth doing a subject access request for copies of all documentation relating to yourself. Any / all emails relating to terminating your employment should be in there.

Should be helpful to your solicitor.

Also don’t tell anyone that you are getting legal advice until you are sure it’s too late for them to backtrack / cover their arses.

cantarina · 18/09/2020 20:26

I agree with @Fairybatman - say nothing about getting legal advice, ask lots of questions about the redundancy, get everything in writing if you can, e.g, write an email following up a phone conversation to record what was said. Then when you have the full picture is what you want to do...launch legal missiles!

Ditheringdooley · 18/09/2020 23:24

subject access request may not help when it comes to termination emails.

I wouldn’t advise any further contact- let your solicitor advise you from this point on on what is helpful :)

Nikori · 18/09/2020 23:50

I think seeing an employment lawyer is absolutely the right thing to do. I wonder what they are going to post to you.

wedidntstartthefires · 19/09/2020 00:04

Hope you get a kick arse solicitor, there's a lot of shit ones out there!

KatherineJaneway · 19/09/2020 06:50

Good luck OP.

Scrumptiousbears · 19/09/2020 07:05

What a bunch of CF.

VashtaNerada · 19/09/2020 07:17

How long have you worked there OP? I ask because I once lost my job in shockingly unfair circumstances but because I’d been employed for less than two years they were legally able to get away with behaving appallingly. (I think it’s two years before your rights kick in, it’s possible I’m wrong on that).

BeingATwatItsABingThing · 19/09/2020 07:20

Wow! Did they think you would just accept this lying down?

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