Can I issue P45 prior to employees appeal?

[jedimistress]

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?

[TonyV]

Thats tricky - not a payroll expert but being that you need to issue a P60 aswell at this time of year - if she is no longer on your payroll then I think you can do P45 and P60 at same time.

[Maydup]

No expert either, but I'd issue it in accordance with the dismissal. Dismissing for GM is a pretty serious action and doesn't happy lightly. I think it unlikley she'll be reinstated.

It does seem a shame the appeal hearing isn't until May, that's a long gap.

[dotty.]

She will need the P45 to sign on or get another job and so you'd be doing her a favour and she may even not bother with the appeal. But I hope your employer has followed the rigid dismissal procedure and not left anything to chance.

[TonyV]

Maidup - it is going to tribunal - that's why it in May

[jedimistress]

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.

[dotty.]

but your company has already dismissed her and so she is already out

[TonyV]

jed - if you have dismissed the employee - you need to issue P45

[craft1948]

I would issue one, as she then may say if she has been sacked why hasn't she got a P45.

[jedimistress]

Ok. P45 it is. We don't need to wait for our companies' appeals procedure to end? (I say company, but we are actually a charity of which I am the Treasurer - not an employee as such.)

[TonyV]

Jed if you do your P60's at same time do that as well

[jedimistress]

Thanks Tony. You're right, that would make things a lot tidier.

[twix123]

If there is no likelihood of her reinstatement you should issue a P45 immediately. You would only issue a P60 if she were still employed at the end of the tax year. You cannot issue both.

[TonyV]

twix - thanks for filling my old memory in about P60's