Active discussions

Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Talk
AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To take unfair dismissal further?

35 replies

user1471604011 · 07/10/2018 09:17

Sorry this is more of a wwyd, posting here for traffic. I work at a local takeaway part time while I’m at university, it’s just a cash in hand job and my friend works there the days I don’t work. My friends on holiday this weekend and about a month ago my boss asked if I could cover her shifts, I said no as I had a night out planned and assignments due. He said this was fine and found a friend of his to cover. Last night at half 10 I received a text saying he’s had to employ someone else as I wasn’t able to cover my friends shift and that I no longer have a job. I sent a text back making it clear I was very unhappy and that I want paid for the rest of the month as some form of notice but he’s ignoring this text. I’m just wondering if anyone has any idea of what kind of rights I have in this situation? Since it was a cash in hand job im not sure if I can even involve the authorities but it seems ridiculous he can fire me for this with absolutely no notice.

OP posts:
DayManChampionOfTheSun · 07/10/2018 09:19

We're you paying tax and NI? If not, I don't think you can really do anything about it.

InspectorIkmen · 07/10/2018 09:19

I think you're on tricky ground with it being a 'cash in hand' job to be honest. How long did you work there? How many hours a week? Did you pay any voluntary NI contributions? That will be where you come unstuck.

Merryoldgoat · 07/10/2018 09:20

Why were you working cash in hand?

Poloshot · 07/10/2018 09:21

It works both ways, if it's cash in hand and causal then it is the same for the employer, you can't have your cake and eat it.

Temporaryanonymity · 07/10/2018 09:23

No rights at all. Next time, don't take a cash in hand job.

In any case, unless you were employed continuously for more than two years you don't have any protection from unfair dismissal, unless dismissed for one of the automatically unfair reasons.

Original poster
user1471604011 · 07/10/2018 09:25

I was only working 12 hours a week so wasn’t making enough to pay tax, obviously the job being cash in hand wouldn’t have been my first choice but as my friend had been working for him for a while I didn’t think it would be an issue. I’d guessed there wouldn’t really be anything I could do because of that reason though, so probably my own fault for taking the job in the first place

OP posts:
arethereanyleftatall · 07/10/2018 09:26

This job has probably worked quite a lot in your favour- pick the hours you want etc. These kind of jobs aren't set in stone/contracted and that works for both parties. I don't think you can do anything.

LizzieMacQueen · 07/10/2018 09:48

Have you at least been paid for the hours you have worked?

CrabbityRabbit · 07/10/2018 10:06

If you've been there less than two years you can be fired for any reason without recourse to unfair dismissal. Even in a legit job. The only exception would be if you were fired due to a protected characteristic like pregnancy or coming out as gay.

Failingat40 · 07/10/2018 18:24

Is this even real?! Confused

It wasn't even a proper job!! You were quite happy to be paid cash in hand, the owner probably has no record of you even working there.

If you feel particularly aggrieved you could always report him to HMRC for his dodgy employment practices (he should be checking all staff are legal to work in U.K. for a start!)

Otherwise just walk away and find another job in a takeaway. It's not like these jobs aren't hard to come by. Geez.

LIZS · 07/10/2018 18:30

How long have you been there? If within 2 years you can just be let go. Presumably you were effectively 0 hours so he can just not offer you work otherwise you would probably only be entitled to one week's notice if you have n formal contract.

Thatssomebadhatharry · 07/10/2018 18:31

You can still get paid cash that’s not illegsl. It’s up to the employer to set up a paye system, HE is the one who has broken the law. You only notify and register if you are self employed. You could argue that you thought you were paying and the money you got was the net income.
I’d send him a text saying you have contacted citizens advice and the tax office has asked for my payslips or they will be auditing him for tax fraud, see if this gets a reply.

MereDintofPandiculation · 07/10/2018 19:07

It always seems odd that being protected form unfair dismissal after two years service is presented as Good Thing, when the other way of looking at it is that you can be dismissed unfairly any time in the first two years.

PiperPublickOccurrences · 07/10/2018 19:21

hahahahahhahahaha

No.

You can't claim unfair dismissal from a dodgy cash in hand job. And even if you're not earning enough to pay NI or tax you have to be on the records and get a proper payslip.

Thisreallyisafarce · 07/10/2018 19:22

You can't claim unfair dismissal from a job you held illegally.

ellaowenmummy · 07/10/2018 19:23

No contract no right sadly

Orlande · 07/10/2018 19:27

It doesn't sound like the OP has done anything illegal Confused

He should be registered as an employer, running paye, provided a written contract within 2 months and given the OP a week's notice.

If you want to take it further maybe call ACAS?

oblada · 07/10/2018 19:28

The cash in hand bit wouldn't be an issue unless you are actively defrauding HMRC. It is the employer's responsibility to operate PAYE.
However you do need 2yrs service...

sleep5 · 07/10/2018 19:50

You could report him for paying workers cash in hand but it won't get your job back.

Original poster
user1471604011 · 07/10/2018 20:13

Apologies if unfair dismissal isn’t the correct term, I’m 18 so haven’t had many jobs and am not really familiar with the law in regards to employment. It seems as though there’s nothing I can do then, thank you to those who were polite in their replies Smile

OP posts:
AnotherEmma · 07/10/2018 20:19

You did have a contract since a verbal agreement is a contract, however it’s harder to prove without anything in writing.

As a PP said your employer had a legal duty to provide you with written terms and conditions (ie what most people call a contract), run PAYE, to give you the pay and notice you were entitled to, etc. So you could try reporting them for not doing any of that.

You can’t claim unfair dismissal though. As PPs said there are only very specific circumstances in which you can claim if you’ve been working for them less than 2 years. Even in a legitimate job!

sakura06 · 07/10/2018 20:25

Have you been paid for the hours you have worked? If so, perhaps chalk it up to experience. They probably should've been deducting NI, but that's their responsibility. And they're absolutely wrong and very unfair to let you go for this reason.

HermioneWeasley · 07/10/2018 20:35

You’d be better off posting in “employment issues” where there are specialists with experience in this area.

Right, first question - how long had you worked there?

The cash in hand thing is a complete red herring - your employment rights are not dependent on having paid tax or NI.

WomblesAreCommon · 07/10/2018 20:59

So you should talk to ACAS and get some proper advice.

Cash in hand is dodgy however you’re meant to be given a certain amount of notice.

AnotherEmma · 07/10/2018 21:17

I don’t think it’s really necessary to call Acas or get specialist advice from an employment lawyer. It was illegal so there isn’t much you can do. There is basic information on the Citizens Advice website:
[[https://www.citizensadvice.org.uk/work/rights-at-work/basic-rights-and-contracts/contracts-of-employment/#h-illegal-contracts-of-employment
Illegal contracts of employment]]