Let go but no notice given?

Playboy

Hi guys .. just a quick question. Need some advice if anybody can help. A friend of mine was working a weekend job for a couple of months and her employer let her go without any notice. She didnt do anything to warrant being let go .. there was a just a change of circumstances at her work where her employer hired someone full time who wanted to work 6 days and he decided not to open the business on a sunday. So there is no work for her now. The thing is the guy is a real ass .. the real reason he let my friend go is because she wouldnt sleep with him and the new recptionist seems willing to so its an easy choice for him. He kept her hanging on for 3 weeks .. canceling her shifts at the last minute and even letting her show up for week and then sending her home without pay. He still hasnt paid her for over a months work as well. Is my friend entitled to two weeks notice? She didnt have a contract with him .. only a verbal agreement and I dont think he processed her NI and tax details properly .. he just gave her cash for her first pay check and promised the next one would be legit and paid into her account ... but this hasnt happened yet. Now the business the guy is running is effectively a scam and the guy is a sleazeball of the highest order .. tries to sleep with every woman he meets even though he is married with kids. He has also made many inappropriate comments towards my friend and I think he turned cold towards her when she didnt return his advances. Now Im also sure the guy only declares a fraction of what his business makes to the inland revenue and she was thinking of threating him if she doesnt get her two weeks notice? Is this a bad idea? Is she entitled to anything? Is citizens advice the best people to talk to. She doesnt really want to let it go because of the prinicipal ..not the money .. she doesnt want this guy to get away with treating her so badly. Advice please

Based in the uk btw

AARRRGH

If I were you I'd be more worried about being sued for slander.

He cheats on his wife
He is running a scam
He fired your friend because she wouldn't sleep with him
He hired the new girl because she would sleep with him
He tries to sleep with every women even though he's married with kids
He only declares a fraction of his income to the Revenue office
He also made your friend work there illegally

They're some pretty strong allegations.

Now your friend wants revenge against this evil man.

My advice?

Tell your friend to grow up and find another job.

Playboy

dublindude wrote:

If I were you I'd be more worried about being sued for slander.

Dont you have to mention a name in order to be sued for slander? I dont think she has to worry about that.

dublindude wrote:

He cheats on his wife
He is running a scam
He fired your friend because she wouldn't sleep with him
He hired the new girl because she would sleep with him
He tries to sleep with every women even though he's married with kids
He only declares a fraction of his income to the Revenue office
He also made your friend work there illegally

They're some pretty strong allegations.

1. He cheats on his wife - Fact not allegation. It happens a number of times every week with different women .. usually in return for a favour. He has been heard and caught .. and openly admits it

2. Running a scam - He is .. prints ads in newspapers promising something. Tricks people into parting with large amounts of cash and doesnt do as promised. Doesnt even have the ability to fufill his side of the bargain. People attacking him at his office is a common occurence.

3. Made suggestions on more than one occasion .. consistently made inappropriate comments to her even regarding topics such as her period. When advances are not returned suddenley a new girl is hires over wine and cigarettes in the office. Other staff hear them having sex and suddenley my friend is fired and the new girl is working 6 days a week.

4. He openly admits to trying to sleep with lots of women and he is in the modeling business .. u figure it out.

5. When you work as his receptionist and book keeper then this becomes quite obvious.

6. He didnt process her as a legal employee .. wanting to pay her cash. She had to insist it was done by the book

dublindude wrote:

Now your friend wants revenge against this evil man.

Not revenge .. she wants what she is owed. He treated her like **** .. what would u do .. roll over and take it?

dublindude wrote:

My advice?

Tell your friend to grow up and find another job.

My friend is grown up as am I. Your advice you can keep. Im sure its highly valued by people who dont know any better.

Advice I got elsewhere -

"1) She can go to a tribunal for non-payment of wages/unlawful deductions
2) She can claim wrongful dismissal to get the notice paid

I would just try and get the cash by a visit, stating these things. She has a contract, what she has not received is the written statement of terms and conditions.

If he does not play ball after the visit go online and fill in and IT1 form.

Rest takes care of itself."

AARRRGH

Playboy wrote: »

She has a contract

Playboy wrote: »

She didnt have a contract with him

Which one is it?

Clearly your friend is angry, but his personal life has nothing to do with this. I really don't see how him being unfaithful etc. has anything to do with her employment issue.

I am also having a hard time believing the "facts" in this case. There is too much emotion and character assasination attempts. She was fired because she wouldn't sleep with him? Please, FFS.

As your friend has no contract and no proof she worked for him, she is wasting her time. No solicitor will take her case.

I really think your friend needs to move on.

seamus

Playboy wrote: »

Dont you have to mention a name in order to be sued for slander? I dont think she has to worry about that.

No. If the person being slandered/libeled can be reasonably identified from the comments, they have a case.

OK, from your original post I get two things:

1. She was working there for a "couple of months" and got let go without notice.
2. She is owed pay.

Everything else you say is just filler, it's irrelevant. How long is a "couple of months"? This is important in determining what notice she may or may not have been entitled to.

Playboy

dublindude wrote: »

Which one is it?

Both ... you still have a contract even tho you havent signed one. A verbal agreement to work is still a binding contract to an extent under law as far as I understand it. If she woked between one month and two years she is entitled to one weeks notice minimum

dublindude wrote:

Clearly your friend is angry, but his personal life has nothing to do with this. I really don't see how him being unfaithful etc. has anything to do with her employment issue.

I am also having a hard time believing the "facts" in this case. There is too much emotion and character assasination attempts. She was fired because she wouldn't sleep with him? Please, FFS.

Well .. if she was wrongfully dimissed and sexually harassed then his sexual behaviour in the workplace does become an issue does it not? Im not askin you to have a hard time with the facts .. Im asking you for advice in relation to the facts which are what I posted above. This isnt a case of some girl making up stuff because she didnt like her boss .. the pevious receptionist has similar problems.

dublindude wrote:

As your friend has no contract and no proof she worked for him, she is wasting her time. No solicitor will take her case.

I really think your friend needs to move on.

She has proof she worked there. Other membersof staff worked with her. he security in the building saw her come and go .. the previous receptionist showed her the ropes. Clients dealt with her etc etc. Maybe the easiest thing to do is move on but at the moment she doesnt want to.

nesf

seamus wrote: »

No. If the person being slandered/libeled can be reasonably identified from the comments, they have a case.

OK, from your original post I get two things:

1. She was working there for a "couple of months" and got let go without notice.
2. She is owed pay.

Everything else you say is just filler, it's irrelevant. How long is a "couple of months"? This is important in determining what notice she may or may not have been entitled to.

+1

Less filler, more content please.

AARRRGH

Playboy wrote: »

Both ... you still have a contract even tho you havent signed one.

No. Verbal agreements are only used in movies.

Playboy wrote: »

If she woked between one month and two years she is entitled to one weeks notice minimum

I don't know UK law, but Irish law is this -

An employer is not bound to give an employee the minimum notice of one week if the employee has been working for the employer for less than 13 weeks or in situations where the employee is guilty of gross misconduct

So this is why Seamus asked "how long is a couple of month?"

Playboy wrote:

Well .. if she was wrongfully dimissed and sexually harassed then his sexual behaviour in the workplace does become an issue does it not? Im not askin you to have a hard time with the facts .. Im asking you for advice in relation to the facts which are what I posted above. This isnt a case of some girl making up stuff because she didnt like her boss .. the pevious receptionist has similar problems.

It will be her word against his. Really, I think she is wasting her time.

However if she is owed wages that is a different matter.

Playboy wrote:

She has proof she worked there. Other membersof staff worked with her. he security in the building saw her come and go .. the previous receptionist showed her the ropes. Clients dealt with her etc etc. Maybe the easiest thing to do is move on but at the moment she doesnt want to.

This is another one of my problems with this topic. I know in the movies there are dramatic court cases with witnesses and security tapes etc., but as this is a part-time job, with no contract, and no records of payment, and probably no records of employment, and with probably a tiny amount of money being owed. No solicitor will be interested in this case, so again, I really think your friend needs to move on.

seamus

dublindude wrote: »

No. Verbal agreements are only used in movies.

If a contract should be issued within two months, whether or not the employee has signed one. If this is not the case, the employer is in breach of the law.

Of course that's here in Ireland. I missed the "UK" part of this.

Worth a trip to http://www.direct.gov.uk/en/index.htm to get the lowdown on how it works in the UK.

Playboy

thx guys .. in the uk as far as I know you are entitled to minimum contractual conditions by law if the employer doesnt issue you a contract. One of the entitlements is that you get 1 weeks notice if you have worked between 1 month and two years. I think the process is quite simple over here. Fill out a form and its sent to a tribunal or some such which tries to settle the disagreement. Not 100% on it tho .. will check out the link Seamus .Thx

seamus

The law seems to be similar to over here, though not exactly. Since she was working there longer than one month, she is entitled to a week's notice, minimum.

She is also entitled to any back pay.

Both of these items are breach of contract on the employer's part (even if no contract is signed).

These people deal with employment disputes in the UK:
http://www.acas.org.uk/

He's probably hoping she'll forget about him and go away.

Kristopherus

Agree with Seamus here. The law in the Uk is similar to here, but if I had a slimeball such as Playboy's friend for a boss, I'd be popping off a long letter about his business practices to the Inland Revenue - After I had got my money !!!