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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Dd been sacked for isolating

228 replies

ShittingHell · 23/01/2021 15:46

My 16yr old has a part time job. Me and her dad had tests earlier this week. Unfortunately she was supposed to work so had to call in and say she couldn't.
Today she gets a text saying she's let them down! She's replied and said she can prove the tests were genuine and she had to isolate by law but they've not replied. This isn't bloody right is it?

OP posts:
Tzimi · 24/01/2021 19:59

@ShittingHell Unfortunately, many employers don't need any excuse to fire someone. Even if the employee hasn't done anything wrong, they'll invent something, or blow some minor thing up out of all proportion to justify sacking the person. I've found this out through bitter experience...

SheilaWilcox · 24/01/2021 20:11

Neither party comes out of this well IF she's been sacked.

Why have you let her have a cash in hand job?

Inland revenue will be more interested in this than the police.

Comefromaway · 24/01/2021 20:16

@rwalker

She has no rights but thats the thing with working cash in hand you don't pay contbutions and deductions unlike the rest of us . Best hope she doesn't have an accident because she certainly won't be insured .
A 16 year old working part time would hardly be earning enough for tax & NI Deductions.
Thelittleweasel · 24/01/2021 20:22

@ShittingHell

That would almost certainly be "wrongful dismissal" for which there is no two year limit. She should contact ACAS and get advice. Best wishes to you all

Bunnybigears · 24/01/2021 20:29

She should contact ACAS and get advice if she has been sacked which we actually don't know yet she should chalk it up to experience and move on. Nothing good will come from dragging any of this out.

violetcobra · 24/01/2021 20:33

I agree with @Thelittleweasel , I would try and get legal advice in this situation. Shame on the employers for their response.

Toomuchtrouble4me · 24/01/2021 20:50

@Bookriddle

I thought you only have to isolate if the test come back positive, but you dont say
No You should only get a test if you have symptoms. And if you live with a person with symptoms you must isolate.
NichyNoo · 24/01/2021 20:52

This is what happens with casual, cash in hand jobs. This year the moan is about self isolating, when I was 16 years old it was the the fact that the boss had groped you. It’s a life lesson. Police will not interested as everyone knows that bosses take advantage in these types of jobs.

Toomuchtrouble4me · 24/01/2021 20:52

@SheilaWilcox

Neither party comes out of this well IF she's been sacked.

Why have you let her have a cash in hand job?

Inland revenue will be more interested in this than the police.

She’s allowed to have a cash in hand job so long as she declares if earning above taxable amount - you think the average teen gets paid through payroll? Only on MN!🥱
prh47bridge · 24/01/2021 20:57

@Iwanttorun9

Not much help but I've been "dismissed " from my job as I am cv and told work I need to shild after people in the office tested positive and still wanted to come into work
As per my post, if you have been dismissed for this reason you have a claim for unfair dismissal even if you haven't worked for them for two years.
prh47bridge · 24/01/2021 20:59

@Passenger42

It’s a 16 year old in a job so no legal rights as not employed long enough for unfair dismissal. Just tell her to look for something else and to work for nicer people and if you feel strongly ring the manager and tell them she was acting like responsible young person! Good luck
Yes, she does have legal rights. She cannot take action for unfair dismissal but she can take action if she has been dismissed for a reason that is classed as automatically unfair. If she has been dismissed because she is self-isolating her dismissal is almost certainly automatically unfair so she can make a claim through the employment tribunal.
Littleposh · 24/01/2021 21:03

She's a child with a tiny job, hardly a big drama

Bridewel1 · 24/01/2021 21:35

@Darbs76

People are clearly confused. The only time someone doesn’t need to isolate in a household is if a householder member has been asked to isolate. Then it’s ONlY if the person gets symptoms that the whole house isolate. But if anyone in the house has any of the symptoms of Covid the whole house has to isolate. Come on is it really that hard. Shocking so many don’t know this.
Ok. But where i work in a convenience store. A member of staff who's husband has the condition copd and doesn't work has to isolate with him since the start of this lockdown and neither of them have COVID?
violetcobra · 24/01/2021 21:39

@Littleposh

She's a child with a tiny job, hardly a big drama
All the more reason to take this further - an employer who takes advantage of a child must be held accountable.
Redrivershore · 24/01/2021 21:41

This thread is hilarious, call the police, health and safety exec., Inland Revenue 😂😂😂

Original poster
ShittingHell · 24/01/2021 22:52

Ok just to update and clarify... we were unwell Mon and Tues but no covid symptoms until I had a temp throughout the night Tues. Woke still feeling unwell and booked a test for lunch time Wed. Dd then said late morning she had to work that night. Obviously realised she couldn't so called in. Fine. Got negative results Thurs am. Text from boss was unexpected but on Sat morning days after shift.

Since then dd went into work to find out what he meant exactly and boss was called as not in work that night. This morning she spoke to him on the phone and clarified everything again. He said she has a shift this week so I think he assumed dd was taking the piss but after she's attempted to show proof of our results etc they've realised they were in the wrong.
It's far from ideal I know but it's the only thing dd has right now and she enjoys it.

OP posts:
violetcobra · 24/01/2021 22:56

I'm glad he realised him mistake - what a horrible assumption to make about an employee! Hopefully he now feels ashamed about his reaction.
Best of luck to your DD.

Comefromaway · 24/01/2021 22:59

Ok. But where i work in a convenience store. A member of staff who's husband has the condition copd and doesn't work has to isolate with him since the start of this lockdown and neither of them have COVID?

That’s not isolating. It’s shielding.

SchrodingersImmigrant · 24/01/2021 23:19

@violetcobra

I'm glad he realised him mistake - what a horrible assumption to make about an employee! Hopefully he now feels ashamed about his reaction. Best of luck to your DD.
It's not "horrible assumption". It's quite a regular experience in that type of business. Hospitality often. I always found it interesting how many people are so suddenly ill on Sat or Sun mornings...
SchrodingersImmigrant · 24/01/2021 23:21

I had person claiming they were in a hospital until someone who didn't know told me the guy was at a music festival😂

violetcobra · 24/01/2021 23:25

Except it was a horrible assumption. Unless you know every detail of a person's life you cannot tell if they're lying or not, and Covid is a genuine risk to many people. Now is not the time to judge the integrity of a (reliable) employee with no proof that they've behaved dishonestly.

ArosGartref · 25/01/2021 00:22

I'm glad everything has worked out and the OP now knows that if the boss sends another abrupt text she's well within her rights to call the FBI.

AllThatFancyPaintsAsFair · 25/01/2021 07:21

@ArosGartref

I'm glad everything has worked out and the OP now knows that if the boss sends another abrupt text she's well within her rights to call the FBI.
And to engage Olivia Pope Grin

So did the boss not realise the reason that she wasn't able to go in for her shift was because you were waiting for test results?

rwalker · 25/01/2021 10:16

@Comefromaway
rwalker
She has no rights but thats the thing with working cash in hand you don't pay contbutions and deductions unlike the rest of us .
Best hope she doesn't have an accident because she certainly won't be insured .
A 16 year old working part time would hardly be earning enough for tax & NI Deductions.

You never know how much she could potentially earn but it's more about her being safe .
As it's cash in hand she has no insurance fast food places can be dangerous places. If she was hurt or injured you wouldn't any protection .
You wouldn't let your kid go in an uninsured taxi but your happy to send they to an uninsured work place .

Comefromaway · 25/01/2021 10:41

I used to employ teens cash in hand.

They were fully insured and I kept records of all payments made to them. Why wouldn't I? I could offset their wages against my profits.

Cash in hand doesn't necessarily mean illegal.