My daughter is working Inn as a receptionist. She started just before Christmas so worked over Christmas including Christmas Day and New Years Eve with no extra pay. They have taken someone else on and she has been told they might be taking over from her but they are zero contract whereas my daughter has a contract and is on three months probation. She lost two days holiday she was entitled to because she couldnt take the time off because they wouldnt allow it and she was told she couldt get paid in cash and she couldnt take them over to this year. Now she is being told that she has to pay her full cab fare home when she was told at the beginning that half would be paid . She is worrying that she is not going to pass her probation as she feels they are trying to get rid of her. She is 18 years old and really stressed and upset and worried. Help please what can she do?
If she has been continuously employed at her place of work than 2 years then her employment rights will unfortunately be somewhat limited. Most importantly, she will not be protected against unfair dismissal. This means that her employer can dismiss her or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because she was trying to assert any of her statutory rights (e.g. requesting maternity leave, etc.).
If the dismissal had nothing to do with any of the above exceptions then she would not be able to challenge it and her only protection would be if she was not paid her contractual notice period, because unless she was dismissed misconduct, she would be entitled to receive her contractual notice period. If she did not have a written contract in place she would be entitled to the minimum statutory notice period of 1 week. Her employer would either have to allow her to work that notice period and pay her as normal, or they will have to pay her in lieu of notice.
If she was not paid her notice period when she was due one, that would amount to wrongful dismissal (which is different to unfair dismissal) and she could make a claim in an employment tribunal to recover the pay notice period that she should have been given. There is a 3-month time limit from the date of dismissal to submit the claim.
As far as the other issues are concerned:
Hope this clarifies your position? If you could please let me know that would be great, thank you
, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else in relation to this? I just need to know whether to close the question or not? Thanks