Dd employer threatened to sack her

[whitehorsesdonotlie]

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?

Does she even have an NI number?

@CaptainMyCaptain

Does she even have an NI number?

You get them at 16

She likes the job. She likes the other staff. She/we don't need the money at all.

Good point to check what will happen if she has to isolate. Presumably nothing - she won't work or an get paid.. thanks for link to Citizens Advice.

@Pontypandytaxpayer there was nothing in OP to suggest any laws were being broken but appreciate OP has added additional information since. Unfortunately, there is still little enforcement of employers who do these things.

Re dd paying tax, she wouldn't earn enough. But she should be paying NI.

When I said her boss had been good so far, I meant that he keeps an eye on customers and backs up waitresses if a customer is being shitty or sexist.

One bloke asked dd to wipe his chest and stomach after he spilled sauce on himself 🙄 She said no, but he was being insistent, and her boss noticed and came over to back her up. That kind of thing. She gets a meal on the house every shift, and free drinks.

Though I appreciate that it doesn't make up for not having a contract!!

It's not about earning enough to pay tax as the threshold is high - I think it's only 2000 ish for cash in hand payments. There's a form to check if you need to complete a tax return on the government website

@whitehorsesdonotlie

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

Maybe you should have advised her to do that.

I think she's going to have to take the loss and put this down to experience. Hospitality is notorious for precarious employment unfortunately.

Its natural that she wouldn't understand the importance of having a written signed contract with her first employer, but thats what you're there for. You can't do it for her but you can make sure she knows her rights, even on zero hours she should have a contract or written agreement.

@whitehorsesdonotlie

She likes the job. She likes the other staff. She/we don't need the money at all.

Good point to check what will happen if she has to isolate. Presumably nothing - she won't work or an get paid.. thanks for link to Citizens Advice.

Of course whe won't get paid as she really has no employment rights in this situation.

Is this the first time she has called in sick. I wouldn't expect a casual part time cash in hand job to have a contract of employment.

He probably doesn't believe her. Unfortunately many treat hospitality jobs like this. A better offer on a Friday night before Christmas...... As seen in here before, some parents even encourage it.

Yep, first time she's called in sick. She's gone to work. 🤷🏼‍♀️ she didn't look well, though.

Thats quite mean of them then. If she hasn't been of sick before. But its probably because they've had people faking illnesses to go for a night out.

She should not have gone in.

Oh no, that isn't right at all, she shouldn't have gone in with tonsillitis. I know now I'd tell him to shove his job up his arse, but when I was 18 I'd have been too nervous to stand up for myself.

She needs to start looking for something else. I'm sure it's an empty threat when he said he'd sack her, but that's not the point - the fact he made the threat is the problem. He's not a good boss, he's been a bit of a bully.

Has she been off sick before? You said she is prone to it.

To the people going on about how she should be paying tax etc etc, while she should have a tax code, assuming she’s part time it’s unlikely she’s earning above the tax threshold anyway.

TBH OP these kinds of jobs are ten a penny, and no-one goes into the hospitality trade as a career thing, I would be inclined to tel him where he can stick his job and look for something else. This no rights things cuts both ways and if he’s employing people cash in hand he might want to think about what that means if he kicks up a fuss and someone opens their mouth.

@FitAt50

Has she been off sick before? You said she is prone to it.

No. See my post of 18.17

She's gone to work with tonsillitis? She's probably only going to get sicker.

Employer sounds like a dickhead.

Let him sack her. She'd be better off out of that situation.

It’s not ‘illegal’ to be paid in cash FFS 🙄. You only pay NI as an employee when earning over £184 per week and as an employer when the employee earns over £170 a week.

@AlternativePerspective - she earns about from £40 to 120 a week there.

@FitAt50

Has she been off sick before? You said she is prone to it.

No, prone to tonsillitis...

@ChrissyPlummer - I was wondering about the legality of threatening to sack someone because they ring in sick.

Thank you for the info.