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Can I issue P45 prior to employees appeal?
13 Answers
This is a crossover between law and accounts, maybe more law as we believe an employment tribunal will follow so really want to go by the book.
I prepare the payroll and one employee has been dismissed for gross misconduct. Her final paydate was 31st March. For ease of payroll I'd really like to send out the P45 now, but she has appealed and will have her appeal hearing at the beginning of May. Do I need to wait for the outcome of this or can I proceed to issue P45? She is no longer being paid, as has past her 3 weeks of suspension on full pay, but as she may be reinstated at appeal should I keep hold of any P45 for now?
I prepare the payroll and one employee has been dismissed for gross misconduct. Her final paydate was 31st March. For ease of payroll I'd really like to send out the P45 now, but she has appealed and will have her appeal hearing at the beginning of May. Do I need to wait for the outcome of this or can I proceed to issue P45? She is no longer being paid, as has past her 3 weeks of suspension on full pay, but as she may be reinstated at appeal should I keep hold of any P45 for now?
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For more on marking an answer as the "Best Answer", please visit our FAQ.Hi. Her appeal against dismissal is in May. We feel she is going for appeal simply as the step towards tribunal which she threatened to do in a letter she wrote when she was initially suspended pending the investigation.
There is very little chance of being reinstated, but is part of the procedure. We have done everything in accordance with ACAS guidelines to date. I was unsure of creating the P45 prior to appeal in case it looked like we were bullying her out in the tribunals eyes.
There is very little chance of being reinstated, but is part of the procedure. We have done everything in accordance with ACAS guidelines to date. I was unsure of creating the P45 prior to appeal in case it looked like we were bullying her out in the tribunals eyes.
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