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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50172
Experience:  Qualified Employment Solicitor
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Hi, Im working in restaurant as a chef about 2.5 month. The

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Hi, Im working in restaurant as a chef about 2.5 month. The restaurant it is open about 4months. I feel descriminated by my Rumunian manager as Im main chef she speak to another lower level chef in her language without any explanation to me. She doesnt really speak to me.(i do not care it is not proffesional) im getting cash to the hand every week(different days) no contract have been given to me they do not pay my NI and TAX as well. Ive been told they do not pay holidays so my will not be paid as well. When i get the job my agreement was to work mon-thu&sun about a week ago ive been told if i will not start working Saturdays they will basicly fired me or cut my hours to 1 shift a week. They run 3 restaurants like that. Also we have service charge in restaurant and 100% of it is going to owners pocket so far As i know this is also illegal.Im here 5 years always employed and ive been always paying taxes ... I know this is not legal what they do. My question is can I do anything with it and can I get anything from them?they are jewish if it make a differance
Kind regards
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Have you raised any of these issues with them?
Customer: Hi, what do you mean by that question
Customer: I had conversation with owner last week and Ive asked,about holidays and some more staff. About holidays answer was short "we ddont pay holidays" about contract"we will do soon" i do have record of my conversation with head chef when hes saying my agreement is changed now and i have to work saturdays or i will be fired . I didnt let him know that im recording so i believe i cant use it as a proof without letting someone know.
Customer: Also what make me feel bad was when manager said to me I dont need you I need my rumenians working for £6/h i do have someone as a proof who heard lot of this kind of things in this place
Ben Jones :

Hi, there are a few issues here and I will deal with them separately:

  1. First of all you are likely working illegally. A cash in hand arrangement where you receive money without paying your taxes is illegal and can affect your employment rights so be certain that you actually pay all taxes and national insurance that you are due to pay – you cannot blame this on the employer alone, it is also your responsibility to pay all taxes.

  2. The fact you are not being treated fairly due to your nationality can amount to discrimination but only if you are actually being treated like this because of your national origins. This can be something that is pursued as a claim in an employment tribunal but it would not be easy and you will have to pay over £1,000 in fees to start the claim o it will be a risk.

  3. You are entitled to a minimum amount of holidays by law. If you work full time (5 days a week or more) then you are entitled to at least 28 days holiday a year. They cannot avoid that – it is the law.

  4. Service charges – it is not illegal for these to be kept by the owners, there is in fact no law that directly deals with service chargers and says that it belongs to the staff. In general, cash tips which are voluntarily given by customers count as gifts to the staff. However, if the tips are pooled, the employer can keep some of the money back, for example to make up money missing from the till. The employer is allowed to do this because the tips do not amount to ‘wages’, so this is not an unlawful deduction of wages. Tips which are voluntarily paid by customers by adding an extra amount to a credit card payment become the property of the employer. As such, the employer is allowed to keep this money

Customer: What shall I do with my holidays in this case if Ive been told already Im not gona get paid for them
Ben Jones :

these can also be pursued in a tribunal but it won't be much as you have only been there for 2.5 months, so if you work full time then it will only be around 6 days you are entitled to take so far

Customer: I know but honestly what is more interesting for me i want them to stop doing that because they basicly employing peoples without any knowlage about their right and they are using them.
Customer: What shall I do if I think i recognise something bigger like cheating on imported products by suplaying companie, We are getting products for example 2l and the label says it is 250ml. It is imported from israel. Doas this make sense to you as a lawyer?
Ben Jones :

you can report them for using cash in hand labour:

But the rest is not employment law-related (which is where you posted your query) so unfortunately I cannot advise on that

Customer: Thank you so much for advice.
Ben Jones :

you are most welcome

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