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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48172
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My friend who is from Hungary, was offered a job in Cambridge

Resolved Question:

My friend who is from Hungary, was offered a job in Cambridge as a nanny. She was told that she would be working from about 9.00am to approximately 6;00pm in the evening. She accepted the position. It has transpired that it is not a LEGAL job, ( paying NI , income tax, infact no deductions at all are made.) She is working on average 13 hours per day with just one , occasionally 2 days off per week, and is even sometimes asked to work a few hours on her day off!. She is supplied with accomodation at her place of work. She has spoken to her employer about the hours she is required work, and now fears that she may be fired!. She has no relatives in this country and nowhere to go. Last year she was studying English at Brighton and has a NI number, She has asked me to find out if the CAB would be able to help in any way. She is almost 60 years old, and is desperate to find alternative housing and a legal job What, if any, advice can you offer?.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. When did she start the job?

Customer:

About 4 maybe 5montha ago

Ben Jones :

her rights would really depend on her employment status, maybe if you follow this link and once you answer the questions can you please let me know what you believe she is:

www.hmrc.gov.uk/employment-status/index.htm#1

Customer:

Hi Ben, Not sure exactly , certainly she is an employee, this position was found for her by a third party ( a friend ,I believe in Brighton)

Customer:

I have spent the last few months helping with her English language.

Ben Jones :

ok let me get my response ready please

Ben Jones :

Assuming that she is an employee then she will have certain rights, which can be summarised as follows:



  • The employer should organise her taxes and make any necessary deductions from her pay. She can contact HMRC to query this if necessary

  • Workers would normally not be expected to work more than an average of 48 hours per week, which is calculated over a reference period of the last 17 weeks. However, she will most likely be classified as a domestic servant these limits may not apply to her.

  • She is still entitled to the usual rest breaks and daily rest allowances of 20 minutes for every 6 hours of work and 11 hours rest between each shift. Also there is a right to have an uninterrupted 24 hour break every week or it would instead be made into a 48 hour break every 2 weeks

  • Until she has 2 years’ service she is not protected against unfair dismissal so can be dismissed for more or less any reason, although there are certain exceptions. For example, if she is dismissed because of raising the issues of potential illegality or if she has raised concerns about not getting the right rest breaks then the dismissal could be automatically unfair, even if she does not have the required 2 years.


 


Before she starts contacting outside organisations it may be best just to approach the employer over this and try to resolve things amicably with them. If it appears they still have no regard to the law then she can consider taking the matter further.

Customer:

Should she be dismissed, is there any machinery for obtaining accommodation, she has indicated to me that she would be quite willing to move to , say, Manchester where employment opportunities would be greater, but housing or other accommodation would be essential. . should she lose this job she would be homeless

Ben Jones :

then she would just have to depend on the benefits system, and rely on something like Council housing but she needs to check that with the local Council as each Council has its own rules

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Customer:

I think I now know all I need. Thank you for your help. Norman

Ben Jones :

You are most welcome, all the best to you both

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