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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50202
Experience:  Qualified Solicitor
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My daughter is working Inn as a receptionist.

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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?

Ben Jones : , my name is ***** ***** it is my pleasure to assist you with your question today. Was there anything in her contract about her can fares?
Customer: No but she was told by her manager as everyone gets it but they have been taking the full fare from her wages and she hadn't been told. On her contract she had two days holiday to take but they wouldn't let her have the days she was entitled to or give her the cash or take them over to this year so basically they have taken them off her
Ben Jones :

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:

  • Whilst the employer is allowed to dictate when employees take their holidays, if they have not given them opportunities to take their remaining holidays and denied all their requests they should pay them leave still due. However, this would depend on how many other options she had the time off. If she did not get the days she wanted but there were other days, even if they were not her first choice, when she could have taken the leave then the employer does not have to pay her because she could have asked days off on another occasion.

  • The cab fare cannot be deducted from her wages unless this was specifically agreed between her and the employer and there is a specific clause in her contract or another written agreement allowing them to take that off. Otherwise it potentially amounts to an unlawful deduction from wages, which is made illegal under the Employment Rights Act 1996. It does not give her any protection in terms of keeping her job but she could claim that money back if necessary

Hope this clarifies your position? If you could please let me know that would be great, thank you

Ben Jones :

, 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

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