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Employment Terminated: 2 months on: no reference(s), no payslips, no P45.


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Hey guys,

 

A quick run down of the history of this situation:

 

- Started employment in January 2013 at a relatively new web development company

- Began going downhill and it had an impact on my mental health

- Fought on, but resigned in October 2013 - giving extra notice up until the last working day of December

- Four weeks later I was taken ill, informed my Project Manager and within 2 hours I received an email that said I'd been a brilliant employee but as of immediate notice my employment was terminated. This was allowed as I had worked my 4 weeks notice.

 

---

 

I immediately contacted ACAS and pointed out my contract stated a minimum notice period of 6 weeks, and was informed this was unlawful dismissal.I calculated holiday leave and ensured this was paid.

 

I informed my previous employers that ACAS were interested in the timing of my dismissal with regards to my health, that they felt there were grounds for action for Unlawful Dismissal, and that I was due holiday leave.

 

After a very quick change of tone in the emails I backtracked, out of sympathy as the company has gone down the drain with everyone leaving, and informed them I really didn't want to cause any harm - I enjoyed working there and liked everyone as colleagues and as friends. As such I was going to overlook the dismissal issue and presume it was done in my best interests, and that by paying me up to the end of the month they were paying my holiday leave off anyway. (I was nice. Possibly wrongly, but within 4 hours of them telling me I had no job - I had an offer for the next week.)

 

I then asked for reference(s), preferably one from each director; and highlighted the fact I had hardly received any payslips throughout the 10 months I was employed there. I also requested my P45 - they promised this would be done ASAP.

 

---

 

The next week I still felt like I'd been dumped on, and was rather annoyed to see that despite starting a new job - and despite the fact that they had terminated MY employment with NO notice - I had emails and missed calls; asking for assistance on a project! If they gave me the grace of ONE DAY then they would've got all my handover documentation. It wasn't a malicious decision, but I thought it was best to not answer the calls during my new office hours - and I genuinely felt uncomfortable about assisting them voluntarily. (I had signed a Non-Compete Agreement with the new company after all...!)

 

Unfortunately, as I had followed their instructions to the letter and returned the company macbook pro in the state I received it - newly formatted, there was nothing to be gleaned from this device either. It was after receiving the macbook pro that they stopped all communications.

 

I know full well that there was no data on the machine, so there is nothing that would've reflected badly on me. Had I not formatted it then the only things that could've reflected badly would've been job posting bookmarks anyway. (Besides, it had an encrypted home directory and I never shared my passwords.)

 

Over the next few weeks I realised I still had access to client data, so removed my access to any of it - this was a concern of mine when I realised some of the people who still had access to the data hadn't been involved in the company throughout my whole time there. Knowing this was probably an issue as per the DPA.. once again, I felt uncomfortable, but wanted to leave on the best of terms - so turned a blind eye.

 

--

 

It's now week 7 and I have received nothing from them; they have, to put it bluntly, shirked their responsibilities and broken their promises. I feel like an idiot for being nice and feel as though my (attempted) act of kindness just gave them an excuse to try and take liberties.

 

Any ideas of where to go next? I'm on a business trip to Sweden for two weeks soon, and want this sorted out as soon as possible really. It's worth mentioning that I have recently cleared my finances out and I'm saving for a deposit on a flat with my girlfriend: but of course, I have no proof of income beyond a December payslip. Additionally, I'm being taxed heavily (according to my new employer, although I didn't notice anything) due to submitting a P46 and not a P45. Annnndddd lastly, I needed two references before I even started this job; but it appears my work has been reference enough - however I am aware that this could crop up in the next two months during my probationary period and cause me issues if they then request them.

 

I'm thinking of emailing them both (read; the other directory too; who poured inheritance in to this venture - just to see it wasted away by some curious decisions that he refuses to get involved with) and informing HMRC tomorrow. (Although I was waiting 30 minutes last time I tried to ring HMRC...!) However I'm beginning to consider whether it may be worth scraping the niceties and bringing up the Unlawful Dismissal and the health issues once more; I let them go in order to save a good friendship and so as to help keep some life in that company: but I've achieved nothing.

 

Sorry for a bit of a rant, thought it best to try and explain as much as possible!

Cheers guys!

Currently arguing with:

  • Vanquis (Fee's reclaim)
  • Capital One (Fee's reclaim)
  • JCP Training Provider: (Reported to the DWP and MPs)
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They are under no obligation to give you a reference unfortunately. The best I can suggest is offering to help with the data if they will give you a reference. You could bring an unlawful dismissal claim (basically just a claim for the rest of your notice period and holiday pay) if they are good for the money.

 

 

Don't get too concerned about the tax. You are currently on an emergency tax code. It should be sorted pretty soon. When it is you should get the overpaid tax back automatically through PAYE. You can call HMRC if you need clarification.

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