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Original poster

Dd employer threatened to sack her

60 replies

whitehorsesdonotlie · 10/12/2021 13:49

Dd 18 works PT at local restaurant. She has tonsillitis. Came on v suddenly today - she's prone to it.

She rang her boss to tell him she couldn't work tonight and he said she has to or he will sack her.

What can she do?

She wants to go in. I want to ring him and tell him he's being an arse/breaking the law, but is that right?

What can dd do?

OP posts:

itwasntaparty · 10/12/2021 13:50

As she's 18 she needs to say she's taking sick leave. Sounds like a shit employer.

Original poster

whitehorsesdonotlie · 10/12/2021 13:51

I'm disappointed. He has been good so far.

She has no contract - dd works cash in hand.

OP posts:

DropYourSword · 10/12/2021 13:53

She’s sick. She can’t work. If her employer is threatening to sack her over it she’s definitely better off finding a different job anyway, because they sound awful!

girlmom21 · 10/12/2021 13:54

Let him sack her then report him for tax evasion and sue him for unfair dismissal - if she's got messages proving employment she might be able to get some more money out of him.

VanCleefArpels · 10/12/2021 13:56

More fool your DD for not exercising her rights as an employee to get a written statement of her contract terms which should include the employer’s sickness policy. The employer might be fitting his nose off to spite his face in making these threats. Worth asking what the situation would be if she had Covid and had to isolate!!

Original poster

whitehorsesdonotlie · 10/12/2021 13:56

She's only worked there two months.

OP posts:

Original poster

whitehorsesdonotlie · 10/12/2021 13:57

Thanks, @VanCleefArpels , I'm sure you did all that when you were 18🙄

OP posts:

DPotter · 10/12/2021 14:01

Well clearly he is not a good boss. I thought hospitality was finding it really difficult to employ people so threatening to sack someone is daft to say the least.

I'd say it's up to your DD - she's an adult, she can make her own decisions. I would re-enforce to her that she's sick she doesn't have to work and there are plenty of other jobs out there at the moment (Well there are around here in pubs, cafes etc). Also say if it get too much for her you'll come and collect her at any time during her shift. Encourage her to find a new job.

VanCleefArpels · 10/12/2021 14:04

@whitehorsesdonotlie I knew then that jobs should not be cash in hand (but I was a law student)

BingBongToTheMoon · 10/12/2021 14:04

2 months with no contact?
They can let her go without any warning sadly.

girlmom21 · 10/12/2021 14:08

I thought hospitality was finding it really difficult to employ people so threatening to sack someone is daft to say the least.

They're finding it hard to employ experienced high quality staff. Teenagers happy to accept cash in hand are easy to come by. People will be biting his hand off.

ThisIsStartingToBoreMe · 10/12/2021 14:09

How long has she worked there and has she passed her probation yet?
Could she dose herself up with paracetamol and ibuprofen and go in? Friday night is probably their busiest night.

JackieCollinshasnoauthority · 10/12/2021 14:11

What law is he breaking? There's very little legal protection for employees with only 2 months employment unfortunately.

I agree with telling he's an arse though.

christmaspavlova · 10/12/2021 14:12

You could ask him if that's really how the conversation went? Maybe she is not being entirely honest with you?

BernadetteRostankowskiWolowitz · 10/12/2021 14:12

2months into a job which pays cash in hand he can sack her for no reason at all. It's a precarious situation to be in. Especially as the customers will reduce significantly in January

She is ill. She needs to send him a message to reiterate that she is too unwell to work, and wont be in today. That she will update him once a day if required. Then off the phone goes, and off to bed to rest and get better.

Dont call him yourself. It's pointless.

If he does sack her, she would do well to look for an employer who will issue her with a written contract of employment.

girlmom21 · 10/12/2021 14:13

@christmaspavlova

You could ask him if that's really how the conversation went? Maybe she is not being entirely honest with you?

If that was the case I don't think her mom calling her employer to say her daughters a liar is going to help anyone.

CherryRedDMs · 10/12/2021 14:14

She’s an adult so I don’t think you can ring at all.
I would suggest to her that she accept being sacked (if he goes through with it) unless you need the income. By going in she will “prove” to him that she wasn’t too ill to work so he won’t trust her, not that his trust has any value.
If she goes in, something else similar will come up again and she will just lose the job a bit later.
Staying at home she keeps the moral high ground and if she loses the job, it wasn’t worth having.

Hoppinggreen · 10/12/2021 14:18

@whitehorsesdonotlie

Thanks, *@VanCleefArpels* , I'm sure you did all that when you were 18🙄

I’m sure a lot of us did but unfortunately it works both ways. If she’s not on the books for Tax, NI etc then she’s not on there when it comes to employee rights Her boss sounds really awful and hopefully she can find another job abd work legally instead

VanCleefArpels · 10/12/2021 14:20

@JackieCollinshasnoauthority the employer is required by law to provide either a contract or at the very least a written statement of the main contract terms eg hours worked, pay, holiday and sickness

www.citizensadvice.org.uk/work/rights-at-work/basic-rights-and-contracts/contracts-of-employment/

emeraldcity2000 · 10/12/2021 14:25

Honestly, there is very little recourse but does she want to work there? Sounds like she should take her labour elsewhere and when he can't find any staff he might learn to provide better conditions....

CaptainMyCaptain · 10/12/2021 14:25

@girlmom21

I thought hospitality was finding it really difficult to employ people so threatening to sack someone is daft to say the least.

They're finding it hard to employ experienced high quality staff. Teenagers happy to accept cash in hand are easy to come by. People will be biting his hand off.

My teenage grandson have jobs (not their first job for either of them) and always with at least the lower level of minimum wage (both getting higher level now) with proper contracts. She shouldn't accept cash in hand and no contract these days

BoudecaBains · 10/12/2021 14:26

Bollocks to him. If she's got tonsillitis then she can't and shouldn't be at a place of work. The restaurant trade, and hospitality in general, are desperate for staff so she should be able to get another job pretty easily.

The landscape has changed regarding employment/staff and the sooner these dinosaurs wake-up, smell their own coffee and start treating their staff properly the easier they will find running their businesses. That or they will have no staff and or a business.

Give her a cuddle. Make sure she warm and comfortable and tell her this is a life lesson in dealing with pig ignorant wankers.

Pardon my language. It's been a tough week and a horse stood on my foot this morning.

sashh · 10/12/2021 14:28

Well it looks like she is out of work then.

Has she declared her earnings to HMRC?

She is probably better off looking for an employer who does things by the book. Restaurants can be dangerous place to work, you need to be working legally to get SSP.

Pontypandytaxpayer · 10/12/2021 14:39

@JackieCollinshasnoauthority

What law is he breaking? There's very little legal protection for employees with only 2 months employment unfortunately.

I agree with telling he's an arse though.

Erm, employment and tax laws? She should have an employment contract and both the employer and the employee should be paying some tax.

WhereYouLeftIt · 10/12/2021 14:39

@whitehorsesdonotlie

I'm disappointed. He has been good so far.

She has no contract - dd works cash in hand.

Good so far? It's been just two months! But look, first sign of your DD not being perfect and he's threatening her with the sack. No, he's not a good boss. And he never has been - paying cash in hand and withholding a contract is a sure sign that he's happy to ignore the law. I'd be wondering if he similarly ignores laws on heath and safety. Well actually we know he does - she's sick and he wants her to work regardless.

What can she do? Tell him to stick his job and go elsewhere. There are jobs to be had right now. She'd be a fool to stay where she is.

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