Employer Holding Final Pay

[Pizzahut3010]

I was dismissed after a disiplinary for some other substantial reason.my employer refuses to give me my final pay and p45 saying they are holding pending the appeal process as i have appealed.Is this legal.
Thanks in advance for any advice.

[Maydup]

If you have appealed are you not hoping to have the dismissal overturned? Therefore you you would remain in their employ and not want to be sent a P45.

[fiction-factory]

I agree that they are right to withold your P45. They should pay you any normal wages you have already earned if they are now due for payment, but maybe you mean something else by 'final pay'. So please can you clarify what the final pay comprises?

[Pizzahut3010]

Hi I am due 5 weeks notice pay which yes perhaps can be held i don't know but also holiday which I didn't think could be held and I do need as am now jobless and need p45 to get another job as was also in tied accomodation so am homeless.

[fiction-factory]

When did you last work? When were you last paid?

[fiction-factory]

And has the 5 week notice period finished?

[Pizzahut3010]

Last worked month ago and notice period not finished but thought I would get my holiday pay at least and need p45 to move on as also lost my home which was tied accomodation.

[ummmm]

You don't need a P45. Fill out a P46 and let the tax office deal with it.

[Pizzahut3010]

Will I be in ergency had then if i get another job while going on as have no money to live on .

[Pizzahut3010]

Sorry should of said emergency tax

[fiction-factory]

If you get another job will you still be appealing your dismissal? And if you win the appeal what would you do? Maybe you need employment advice- have you tried Citizens Advice?

[Pizzahut3010]

I am in the appeal process and without giving out personal info I have been treated very badly by my employer and have help with the appeal process so am actively seeking a job and want to take it to tribunal after the appeal which is part of that process.

[fiction-factory]

Yes, you would probably go on what you call an emergency tax code if there is no p45

[fiction-factory]

I'm still not sure what you mean by the 5 week notice period and how far into it you are. I would ask your employer (as they still are your employer) to clarify what your current employment status is and whether earnings are still being accrued or are you in unpaid leave

[Islay]

If they are wages that are owed to you for work already completed then you have a right to them if they are a severence package you don't have a right to them whilst going through the appeal process as strictly speaking you are still hoping to be employed by them.

[Pizzahut3010]

No i have been dismissed with payment in lieu of notice which amounts to 5 weeks pay i did query by email and had an email back saying my final pay and p45 would be sent when they are fit pending the appeal process I just wondered if this is legal as i have actually been dismissed and have lost my home as was only given 7 days to move out .

[fiction-factory]

So if you are appealing the dismissal they have put it on hold so they can't give you pay all th pay in lieu of notice. They should be paying you something in the meantime though- are you paid weekly, monthly etc?- unless it has been agreed it is unpaid leave. Have you offered to go back to work while the appeal is in process?

[fiction-factory]

I don't really understand the dates and why you lost the home. I can only assume you used to be paid weekly and have received nothing recently. If you are paid monthly should you have been paid at the end of June (in which case you had the money to pay housing)or would your next pay day have been end July (so you wouldn't have been able to pay housing anyway)?

[Pizzahut3010]

No i have been dismissed and have left my tied accomodation home I am now on nothing.

[fiction-factory]

If you are being helped through teh appeal process then your adviser is the best person to ask and they know all the details- or at least far more than we do. The devil may be in the detail here

[fiction-factory]

ah- so you would have lost the home regardless of whether you had been give teh notice pay or not. But are you not entitled to stay in the home throughout your notice period as you are still employed a syou have not received PILON