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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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If i paid an employee cash in hand months then terminated

Customer Question

Hi
if i paid an employee cash in hand for 18 months then terminated that employment can she take me to an unfair tribunal
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today.
Has she suggested you have discriminated against her in any way?
Customer: replied 2 years ago.

ok can she take me to a tribunal

Customer: replied 2 years ago.

only by not accepting her request for flexible working

Expert:  taratill replied 2 years ago.
OK as she has less than 2 years service she cannot claim unfair dismissal against you as the employment tribunal has no jurisdiction to hear claims of unfair dismissal unless an employee has been employed for 2 years.
She could potentially claim discrimination or that she has been dismissed for trying to exercise a request for a statutory right (right to request flexible working) in the event she has a child under the age of 6 or a disabled child under the age of 18, however this is only a right to request and if you can show that you could not accomodate this request you have no obligation to accept the request.
On the basis of the threat she is making there is no claim she can make. She also has to engage ACAS prior to making a claim so you will be able to see if she is serious if you are contacted by them.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
taratill and other Employment Law Specialists are ready to help you
Customer: replied 2 years ago.

I am aware of her right to request and my obligation to consider but can she actually go to tribunal on the strength of trying to enforce an employment contract that was illegal with her knowledge and attempt to enforce the rights of that contact

sorry for the explanation not a legal eagle

i have contacted hmrc to 'confess' my part in the non-payment of the tax and ni and i'm liable for all missed payment

but am i also looking at unfair dismissal compensation as this seems unfair to me

Expert:  taratill replied 2 years ago.
Unfortunately the fact that the contract was 'illegal' because it was unwritten and she was paid cash in hand does not mean that legally she does not have employment rights.
A tribunal has the power to deem that she is an employee and that she should be afforded normal employment rights in these circumstances.
She may of course then be liable to account to HMRC personally as well.
Customer: replied 2 years ago.
I did write to say if I misunderstood her wanting to resign
She could return to work and I would look at her request to see
If it could achieved. Her father just replied saying
5k by end of March or tribunal
Should I just sit tight and see ?
Expert:  taratill replied 2 years ago.
I think it's just a threat.
If you have written to her to ask her to reconsider resignation then that will help you.
I would sit tight and not pay a penny.
If ACAS get involved then you may need to reconsider.

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