Husband let go with no notice, Rights?

Jamberlily

Hoping someone can offer some advice. Apologies in advance for the long post.

My husband started a job in June. They told him it was permanent , minimum 40 hours per week.

He has been working these hours since he started, on average he takes home €430 after tax and earns a rate of pay of €11 per hour.

Since he started he has not received payslips. He asked for one his first week & he was given them a week later to cover his first two weeks.

Everything has been fine until a week ago. Every 3 weeks he works friday during the day. 2 weeks ago was due to be his day shift. The evening before he was sent a text to say take it off.

He went back on Saturday & a colleague told him that a day manager didnt want to work with him anymore. He would have his day shift off from there on. A manager never told him this, his colleague was telling him in jest "ya lucky fe*&ker"! as fridays off are uncommon in his field.

Fast forward to this week, thursday & my dh gets a text from his manager asking whether I was still working away, he was going to see the accountant & hed be asked a million questions. My dh text back "yes, but why should he be worried?" His manager then rang him & proceeded to ask my husband various questions about me receiving sw & what was the form hed asked to fill in? (Id asked dh to get a FIS form filled in 8 weeks ago, we were still waiting for it back). He said he was asking as they were calculating tax wrong. Since the first 2 payslips he received none despite asking for them.

DH was due to be working on Saturday. He received a text that day that told him to come in at a certain time, then another text 2 hours later to say not to. He was due in today & received a text again to say not to. He went up to collect his wages & was told they didnt need him anymore, one manager said he was incompetent apparently. They gave him the wages they owed him from last week & €85 they owed him from the first week.

He has never been told anything to make them think they were unhappy with him or his performance. In fact my DH is extremely good at what he does & any previous employer would back that up. I think its because of the SW form, as the manager said I dont wanna give you payslips if theyre showing the wrong amounts. This was only late last week & he was making a huge deal about me receiving sw and giving him payslips.

Has anyone any advice on what we can do? He got no notice, no holiday pay? Is he entitled to any compensation? Anything?!

Someone, please give us some advice! Feel helpless.

Annabella1

Check out NERA website....employee rights which are statutory

Good luck...

Ken.

Under a year in a job an employer can let you go pretty much with no notice or warning.

davo10

Most jobs have a probationary period during which employment can be terminated without notice.

If your husband agreed a net payment amount each week, employer may be concerned that your husband was going to transfer all his tax credits over to you, if that happened, in order to maintain net payment of €480, the employer would have to pay considerably more in contributions.

Jamberlily

I only work 3 hours a week! So he could have my tax credits. weve only got married, so we're not even being assessed as married couple. More than likely Id say theyre worried they would be caught out not paying tax somehow.

Just read on Nera, hed be entitled to a weeks notice & should have got paylips every week. Also, he wouldve gained holiday entitlements too.

So stressful with 2 young kids & bills.

He wasnt told there was a probationary period, just that its a permanent contract, minimum 40 hours per week, but many weeks he worked in excess of that. His first week he worked 53! He never worked less than 40 though.

Jamberlily

davo10 wrote: »

Most jobs have a probationary period during which employment can be terminated without notice.

If your husband agreed a net payment amount each week, employer may be concerned that your husband was going to transfer all his tax credits over to you, if that happened, in order to maintain net payment of €480, the employer would have to pay considerably more in contributions.

Sorry misread this, they didnt agree a net pay, just minimum hours.

Milk & Honey

davo10 wrote: »

Most jobs have a probationary period during which employment can be terminated without notice.

If your husband agreed a net payment amount each week, employer may be concerned that your husband was going to transfer all his tax credits over to you, if that happened, in order to maintain net payment of €480, the employer would have to pay considerably more in contributions.

Net pay agreements are illegal.

Singer73

Is there any contract? Anything signed or written down?

Esoteric_

ken wrote: »

Under a year in a job an employer can let you go pretty much with no notice or warning.

That's not totally correct.

Under a year, you can be let go for no reason, yes (unless your contract states otherwise AFAIK).

However, after 13 weeks of employment, there is a statutory notice period of one week that has to be given and/or received if leaving/being fired from a job.

OP, your husband SHOULD be entitled to this one week notice period if he was working there for more than 13 weeks, and he should be entitled to holiday pay totalling 8% of all hours worked.

However, it sounds as though they were fiddling the taxes possibly, from what you've said. If he has no signed contract, and only two payslips, this could be an issue.

I'd advise ringing NERA and explaining the situation because the lack of payslips and such can make this a tricky thing to prove. I would also advise ringing Revenue and getting information on his tax contributions, and if they were not paid correctly, report the company.

Ken.

LyndaMcL wrote: »

That's not totally correct.

Under a year, you can be let go for no reason, yes (unless your contract states otherwise AFAIK).

However, after 13 weeks of employment, there is a statutory notice period of one week that has to be given and/or received if leaving/being fired from a job.

OP, your husband SHOULD be entitled to this one week notice period if he was working there for more than 13 weeks, and he should be entitled to holiday pay totalling 8% of all hours worked.

However, it sounds as though they were fiddling the taxes possibly, from what you've said. If he has no signed contract, and only two payslips, this could be an issue.

I'd advise ringing NERA and explaining the situation because the lack of payslips and such can make this a tricky thing to prove. I would also advise ringing Revenue and getting information on his tax contributions, and if they were not paid correctly, report the company.

My bad, I did not know that.