P45 Help

[Loughton wannabe]

Hi,

 

I am the owner of a new problem.

 

I went to start a new job in the nhs and realised very quickly it was not me.  I was also struggling with being bereaved and aware a new job was very shaky ground for this.

By the third day, I expressed my apologies for making an error of judgement over taking up the position and gave my notice with immediate effect.

I heard nothing more.

I didn't expect to be paid for 2 days let alone the 7 days pay I've become in receipt of.

 

I would be asking how to return some of it and wondered if I would get a demand through to repay but opening the post today to find a payslip and P45 for want of putting it better, with what's a fabricated leave date on it indicative of a week spent there when I didn't, it occurs to me I have no way of proving what I did and didn't work.  The payslip is noted a one week's pay - am I best to open a dispute about time worked there? I've now got a new employer back in the private sector but who will be carrying out background checks as well themselves so thinking I'm heading for hot water if I don't do something as it looks like I worked at a hospital longer then I truly did.

 

I also want to ask about getting copy of reference? Can a hospital be SAR'd for getting to see a reference they took during background checks. 

I felt in my heart there were issues before I took up the role, background checking which was going to be 3 weeks long become 6 with the line manager's manager getting involved and I just wonder if there was a reference issue behind all of it, that maybe they couldn't tell me as I think protection for references has changed?

 

Thank you for any guidance and hope I make sense.

 

 

[Emmzzi]

It seems the obvious thing is to call the relevant NHS body and simply ask them about the pay, and what they say in references. They may have included paid notice in your week's pay.

 

I would not think about SARs and so on, until you have tried the easiest way of finding things out!

[Ethel Street]

1 hour ago, Loughton wannabe said:

I also want to ask about getting copy of reference? Can a hospital be SAR'd for getting to see a reference they took during background checks. 

 

The Data Protection Act 2018 ['GDPR']  says that any reference provided in confidence is exempt from disclosure under a SAR. This means that if an organisation receives a subject access request confidential employment references , whether created by that organisation or received from a third party, will be exempt from disclosure.

 

So no, you cannot use a SAR to get a copy of your references, neither from the NHS or from the previous employer who wrote it.

[slick132]

Hi LWannabe,

 

I suspect you're over-thinking this matter.

 

The pay and date of leaving may accurately reflect what is on the NHS records. If they need any pay repaid, you can deal with this easily.

 

Just give the P45 to your new employer - otherwise, you've a greater chance of the new employment getting your pay and tax info wrong from the start.

 

Jusy be honest with the new employer - shouldn't go far wrong and good luck in the new job !