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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:
user1487194234 · 19/09/2020 07:30

2 year rule doesn't apply in cases involving discrimination

pincertoe · 19/09/2020 07:42

I actually can't believe companies think they can get away with this. There is a process to follow to make someone redundant and it's incredibly difficult to make someone on maternity redundant as they are protected.

OP you say this is a branch so does that mean this is a big company? Makes it worse as they should have proper, qualified HR.
Try to find out if the niece is doing the exact same job as you with the same job title. As pp mentioned, they make a post redundant not a person so can't recruit to that post for a certain length of time. Some companies get around it by changing job titles and slightly altering duties and maybe pay but sometimes not enough to prove it is still the same post they made redundant.

Good luck op.

Dee1975 · 19/09/2020 07:46

They need to pay you redundancy pay if they say it’s redundant! And it’s unfair as they’ve got a new starter joining! Good luck with the solicitor. They will sort you out!

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Nikori · 19/09/2020 09:03

@VashtaNerada

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).
In the OP, it says 8.5 years.
Thisisnotnormal69 · 19/09/2020 09:07

What shits they are! Good luck!

Fairybatman · 19/09/2020 09:20

@Ditheringdooley

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 :)

On reflection you are absolutely right. It would only tip them off, and you may not get anything useful from it.
Queenoftheashes · 19/09/2020 09:27

Fuck me your boss is dim! Surely they’ll get sacked after your settlement? Enjoy your money and make sure you squeeze them dry!

ALLIS0N · 19/09/2020 09:29

@Dee1975

They need to pay you redundancy pay if they say it’s redundant! And it’s unfair as they’ve got a new starter joining! Good luck with the solicitor. They will sort you out!
She will get a lot more than statutory redundancy now she has a claim for unfair dismissal. She may also get a higher compensatory award because her employer hasn’t followed the ACAS procedures.

It’s still pretty shit because she will be searching for a new job in a recession AND with a small child . And it will be two years until she has employment protection in any new job. I know that’s supposed to be covered by the compensatory payment but It’s not the same.

And the money doesn’t fix the knock to your confidence. It’s tough when you’ve worked for someone for 8 years at they treat you like this.

Glendaruel · 19/09/2020 09:29

Just wanted to say good luck! Can't believe they have done this, it's just basic employment law!!!!

Squiffany · 19/09/2020 11:03

Is it an independent dealership or a chain?

MusicWithRocksIn1t · 19/09/2020 11:32

What a bunch of arseholes!!!

Karwomannghia · 19/09/2020 11:33

Unbelievable. Good luck with your claim.

notdaddycool · 19/09/2020 11:40

Have a look at the charity pregnant then screwed, at worst they can add you to the states when they lobby in this, at best they can help. What utter scum.

Bluntness100 · 19/09/2020 11:42

@Squiffany

Is it an independent dealership or a chain?
It’s doubtful this is a chain. The chains are big business and the dealerships managed only by managers. Like any other big company. This is something small.
BernardsarenotalwaysSaints · 19/09/2020 11:46

I can't go in to details due to an NDA but similar happened to me & I won an unfair dismissal case.

EggyPegg · 19/09/2020 11:51

Bloody hell. Nepotism at its finest there!

DeeThree · 19/09/2020 12:02

I've read all of this with my mouth hanging open, unbelievable stuff!! I hope you take them for every penny you can, best of luck!

Beautiful3 · 19/09/2020 12:03

I cannot believe that they have done this, especially in this day and age (with the law on employees side). Unbelievable! Good luck on Monday, I hope you take them to the cleaners.

ittooshallpass · 19/09/2020 12:59

Not sure if you have a mortgage OP, but you can often get financial support for legal fees. That will help you pay for the best employment lawyer you can find.

A similar thing happened to me. Due to a non disclosure agreement I can't go into any details, suffice to say it was settled out of court in my favour.

Your employer doesn't have a leg to stand on, they have broken every employment law going!

My advice to you; don't email or speak to them any further until you have taken legal advise.

ittooshallpass · 19/09/2020 13:01

Noel t sure if you have a mortgage OP, but you can often get financial support for legal fees - sorry I wasn't very clear there - you can get financial support from your mortgage lender to pay for legal fees. Look at the small print and it will tell you how much they will contribute.

RandomMess · 19/09/2020 13:13

Fuming on your behalf!!!

billybagpuss · 20/09/2020 07:05

Good luck tomorrow

Halfpastafreckle · 20/09/2020 07:10

Good luck OP - I just read you thread and I can’t believe the cheek and stupidity of your boss!

LeaLoo82 · 20/09/2020 15:59

Thank you everyone, I’ve got a portfolio of everything that’s been said regarding maternity, pay and return date all printed off, and other potential things relating to UD, I look like I’m going to court Grin

OP posts:
TSSDNCOP · 20/09/2020 16:13

We have a system that confuses suspended contracts (maternity leave start and end dates) with contract termination dates. If your HR and payroll systems are linked that would explain it as it coincides with your end of maternity leave.