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Job ending my employment-legal advice

(16 Posts)
SuddenRealisation Fri 24-Jul-15 00:26:50

I started working at a local food establishment in May. I was taken on to replace someone who was leaving in Sept to go to Uni.
I have been working 10hrs a week and paid cash. No pay slips yet although I am assured I will get one soon.
A few weeks a go I got a call to say, the person who was leaving now isn't leaving till March. They said they'll have to keep her on till then and therefore I will only be needed till end of August. After that I can be 'on call' until March if any hours come up :-/

A week later another person who is jointly in charge told me the girl who was leaving, who now isn't, has found another job so they might be able to keep me on after all. I asked the main person I usually report to about this and she said she didn't know all the details yet but would look in to it and let me know.
I told her I have been applying for other jobs as I need to do something, I can't just be on call with no idea if I'll get any hours.
I asked her again about the other girl getting a new job and she said she'd let me know 'soon'.
I've had another interview, I still haven't heard whether I'm being kept on or not.

I just want some advice really as to whether they're allowed to do this. Ie, take someone on then say they're not needed from August- March. Then not let me know what's happening at all?!
Where do I stand on all this?

SuddenRealisation Fri 24-Jul-15 00:30:59

I just want to add. The original arrangement was that my hours would go up from 10 to 15 in August/Sept when the other girl left.
Now the situation is that my hours will end at the end of Aug.
I only took the job as I needed more hours and new the hours would go up if I just waited till Aug.
Now the situation has changed.
Is this a round about way of sacking me without it looking like it?

DorisLessingsCat Fri 24-Jul-15 06:44:22

If you're working cash in hand with no payslips I strongly suspect that you're not on their books, which is illegal.

SuddenRealisation Fri 24-Jul-15 07:05:27

Hi, they say that it took them a while to sort hugs out a and put me on the books and that I'll get a payslip for July soon.. Apparently they have me down as a cash in hand worker..

SuddenRealisation Fri 24-Jul-15 07:06:02

Things, not hugs

OneDayWhenIGrowUp Fri 24-Jul-15 07:12:14

Cash in hand worker is not a thing.

I'd call citizens advice bureau, they should be able to help you clarify the situation or point you in the right direction for specialist advice.

Do you have any written proof of what the contract should be? Contracts can be implied and don't need to be written/signed to be enforceable.

esiotrot2015 Fri 24-Jul-15 07:16:50

If you haven't signed a contract I think they can do what they like :-(

LIZS Fri 24-Jul-15 07:18:49

You don't appear to have anything in writing about your hours. Effectively they are treating you as on 0 hours, so no guarantee of work. The other person's plans are a red herring. They can let you go with no reason in the first 2 years of employment or simply not offer you any work. Make sure you get payslips. I doubt you'd be liable for tax unless you earn well in your other job , but you may need to evidence this at some point.

SuddenRealisation Fri 24-Jul-15 07:49:27

I haven't signed any contract. All I know is that I work 10 hours a week and it was supposed to go up to 15-20 but now they're putting me 'on call' after August..
When I started I did 2 2hr shifts to see if I was suitable and didn't get paid for those, although I did get given free food.
I don't even know if I get holiday pay.
I am going to have to find another job as I bed more hours, and regular hours. I can't survive on on call.

In most annoyed I just seem to be being kept in the dark about what's happening and they haven't had the curtesy to let me know whether they planned to keep me on or not.

LIZS Fri 24-Jul-15 07:55:28

Maybe they don't know themselves yet, it sounds as if plans are changing and the other person probably only needs to give a month's notice at most. I think the law has changed so those paid on an hourly basis have an element of holiday pay included in it. A payslip would show this more clearly.

OneDayWhenIGrowUp Fri 24-Jul-15 08:20:43

I had a similar problem when I was younger when I was paid in cash with no payslips, no contract, and when I left they tried to claim I wasn't due any accrued holiday pay - CAB assured me I was and helped me draft a letter setting this out to my employer, and they paid me (in hindsight they must have been terrified that I'd report them as they clearly were not following all legalities in employing me- didn't pay national insurance etc)

I'd definitely say give CAB a call for advice

SuddenRealisation Fri 24-Jul-15 11:06:25

Thanks for the advice.. I'm in work tonight but doubt I'll find out any more as the person I report to for these matters is hardly ever there

Melonfool Fri 24-Jul-15 19:31:13

Everyone must get minimum wage and holiday pay (5.6 weeks of whatever your contracted weekly hours are or an average). So you will be due some holiday pay.

But, you know, they sound like they're just muddling along. Yes, they can now tell you they don't need you. But they can't "put you on call", you have to agree to it and it's no good for you.

Just stay there while you have no other work but look for another job.

And get them paying you correctly, you have a legal entitlement to a payslip, and after 8 weeks written terms. The problem with them not paying you formally is that they're not paying your NI which means that if you become unemployed you can't get any contributions based job seekers allowance or incapacity benefit etc if you are sick. You'll just be formally recorded as not having worked nor been on JSA.

You probably won't pay tax on that sort of salary/hours level so don't let them try to fob you off with some nonsense about it being better for you for tax reasons (which would be illegal anyway).

LIZS Fri 24-Jul-15 19:36:14

Not sure 10 hours a week would equate to enough to pay ni eithe tbh. Threshold is something like £110 per week. You do want recorded formally even so.

Melonfool Fri 24-Jul-15 23:02:24

No, probably not.

SuddenRealisation Sat 25-Jul-15 12:36:05

Thankfully, as I'm also self employed I pay my own NI voluntarily.. But I have to work also as my business is new and I don't make a lot..

I'll have to ask about the holiday pay..

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