To take unfair dismissal further?

[user1471604011]

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.

Messed up the link slightly, should have been Illegal contracts of employment

My friend was fired and ACAS advised that they hadn’t technically terminated her. It’s always worth talking to them.

This isn't unfair dismissal. You haven't worked there long enough. Also cash in hand is not strictly legit. You are complicit in this so I think it would be best for you to walk away ... quickly.

There is nothing illegall about being paid your wages in cash. You had implied terms of a contract (no it doesn’t need to be written) and as you were paid regularly, you fit the definition of an employee, as per link provided above.

He owes you a week’s wages and your P45. In theory, he’s been deducting taxes which you as a student should be refunded

www.taxguideforstudents.org.uk

If he’s not been... report him or I would work out how much would have been deducted and ask for that “refund” from him directly.

Awful lot of 18 year olds on Mumsnet. Strange.

Citizens Advice is great for basic stuff like this. Have a look at : www.citizensadvice.org.uk/work/leaving-a-job/dismissal/check-if-your-dismissal-is-fair/

And: www.citizensadvice.org.uk/work/leaving-a-job/dismissal/wrongful-dismissal/

@Lallypopstick - why do you think that? If you think a poster isn't genuine, don't troll hunt, report.

If you were working there under 2 years, you won't be able to claim unfair dismissal, unless you think you were dismissed on the grounds of a protected characteristic.

No ... unlikely to get unfair dismissal if the facts are as stated.
But possible wrongful dismissal. Apologies I gave an incorrect link earlier.
Wrongful dismissal is covered here: www.citizensadvice.org.uk/work/leaving-a-job/dismissal/your-notice-period-during-dismissal

Seems unlikely you'd be able to get anywhere legally. If, however, he doesn't pay you the hours owed and you've not been provided with wageslips, threaten to shop him to HMRC. Even if he has actually been doing everything else by the book, the prospect of an investigation might well persuade him to give you what you're owed.