SIL just sacked - advice needed please.

[SharonGless]

SIL has been working 2 days p/w for a self employed boss. She is the only employee and I don't think he has ever employed anyone before.
She has worked for him for 6 months but has never had any written contract. He has recently moved out of one premises and she has used her home address as the office and worked from there. This has caused some inconvenience to her and she hasn't been recompensed for utilities.

Employer told her new office premises was ready 4 weeks ago so she loaded her car up with all his stuff and arrived at work 15 minutes after her start time. He took exception to this. She has been appalled by the working conditions as the premises is being renovated - she is freezing cold as the painters are decorating, no kettle, no hot water, shutters down whilst working.

Anyway today he has told her he is sick of her moaning and wasn't happy that she had a days leave last week at short notice. Therefore he was sacking her.

He initially told her she isn't entitled to any bank holidays. The days leave she had last week was the first in six months other than her nanas funeral which she took another days leave for.

I think she has enough there to at least get advice from CAB or is there somewhere else that you advise? I have no idea about employment law

She doesn't have enough service to claim unfair dismissal but she is entitled to be paid notice and any untaken holidays. She also has the right to appeal her dismissal.

If she wants to stay she needs to appeal against her dismissal in writing. If there's no hope of returning then she should write outlining what she is owed including notice and holiday with a breakdown and demanding payment be made within 28 days or she will have no option but to make a claim for any outstanding money owed via an employment tribunal.

ACAS and CAB can both advise in this situation. Unless there is some evidence of discrimination relating to a protected characteristic as defined by the Equality Act 2010 or that she has been dismissed for exercising a statutory right then she won't get any more compensation than that outlined above.

Hi Katie

Thanks very much for taking time to reply. Will pass it on to her.

Doesn't sound a great place to work

Katie is as always, spot on

Just one thing t add is that if she does end up pursuing her claim from the tribunal service, she should add lack of written statement of employment particulars. She could get and additional 2 or 4 (but not 3) weeks pay for this failing if her other claims win.

Spoke to her last night. She is putting together a letter requesting payment for one week and holidays owing. In addition she is going to bill him for the time she had to use her house as the office. She doesn't want to go to tribunal but thanks hermione for the additional advice.