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  • FIRST POST
    • Nicole3512
    • By Nicole3512 30th Nov 17, 12:38 PM
    • 1Posts
    • 0Thanks
    Nicole3512
    Part time employee dismissal
    • #1
    • 30th Nov 17, 12:38 PM
    Part time employee dismissal 30th Nov 17 at 12:38 PM
    Hallo,

    I found out I will be probably dismissed. The reason is that the quiet season started and the boss is trying to save money as only one full time employee would be enough. I can understand that.

    My question: If the employer suddenly doesn't give me any shifts/days to work what can I do?
    Can this happen? I am given days I would be working only few days in advance.

    I have not signed a contract. Have been employed since March 2017.
    I am a good employee, reliable hard working and have not been off sick at all.

    Its a private company and I am worried I would not be served a notice or pay outstanding pay and holiday pay.

    So far the boss owes me £200 commission for sales - he keeps telling me he will sort it out. He also said that he will pay the parking fees, as there is nowhere to park for free. I have invoices for parking as I paid by app.
    And he owes me for parking about £80.

    He has been paying me commission and parking fees before, but I think he has some problems with cash flow, as he invested in his businesses.

    I would appreciate advice
    Nicole
    Last edited by Nicole3512; 30-11-2017 at 12:40 PM.
Page 1
    • ACG
    • By ACG 30th Nov 17, 12:42 PM
    • 15,907 Posts
    • 8,149 Thanks
    ACG
    • #2
    • 30th Nov 17, 12:42 PM
    • #2
    • 30th Nov 17, 12:42 PM
    There has to be a contract.
    I would keep records of all of your payslips.

    With less than 2 years service, your employer can dismiss you for any reason (providing it is not due to race, disability etc).

    If you keep your payslips, you can at least evidence what holiday pay you are due.

    Presumably they would have to give you a weeks notice maybe?

    Call Citizens advice for some help with your rights. There is a contract in place, even if it is just the legal requirements.
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    • jobbingmusician
    • By jobbingmusician 30th Nov 17, 7:28 PM
    • 18,833 Posts
    • 19,146 Thanks
    jobbingmusician
    • #3
    • 30th Nov 17, 7:28 PM
    • #3
    • 30th Nov 17, 7:28 PM
    IIWY I would write to your employer something like the following

    Dear Employer

    You have assured me that you will pay my commission (£200) and parking (currently totalling £80). I am writing formally to ask if this could be paid soon as I could really do with this money for Christmas - and would it be possible to reply in writing please as this would be useful in sorting out my financial affairs?

    (Your objective, of course, is to get something in writing just in case.)

    Sadly, as you probably know, you have no employment rights with less than 2 years' employment - your employer can let you go for any (non-discriminatory) reason.
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    • Sarastro
    • By Sarastro 30th Nov 17, 9:09 PM
    • 360 Posts
    • 278 Thanks
    Sarastro
    • #4
    • 30th Nov 17, 9:09 PM
    • #4
    • 30th Nov 17, 9:09 PM
    Hallo,

    I found out I will be probably dismissed. The reason is that the quiet season started and the boss is trying to save money as only one full time employee would be enough. I can understand that.
    But it's not your problem, he employed you.

    My question: If the employer suddenly doesn't give me any shifts/days to work what can I do?
    Can this happen? I am given days I would be working only few days in advance.

    Depends on whether you have a zero hours contract or not. If you do,
    then he can, if you don't then it's different.


    I have not signed a contract. Have been employed since March 2017.
    I am a good employee, reliable hard working and have not been off sick at all.

    Everyone is entitled to a contract. Ask him for yours and don't leave the room until he gives it to you, but be nice.

    Its a private company and I am worried I would not be served a notice or pay outstanding pay and holiday pay.

    Type of company doesn't matter. You can agree a notice period with him.
    He has to pay outstanding pay and holiday pay according to the contract, or the law.


    So far the boss owes me £200 commission for sales - he keeps telling me he will sort it out. He also said that he will pay the parking fees, as there is nowhere to park for free. I have invoices for parking as I paid by app.
    And he owes me for parking about £80.

    He has been paying me commission and parking fees before, but I think he has some problems with cash flow, as he invested in his businesses.

    The fact that he has paid it before is good as it is evidence that this is part of your agreement with him. You should make sure you've got evidence of this, i.e. your payslips, etc.

    I would appreciate advice
    Nicole
    Originally posted by Nicole3512
    A lot will depend on your relationship with him. Whilst you can be sympathetic about his cash flow problems, he still should honour the arrangement he had with you. It's a shame you don't have a contract as he might be wary of giving you a copy now, but you should ask anyway. I'd probably be really nice to him and keep chipping away at when you're going to get paid. If he let's you go and doesn't pay, make sure you've got as much evidence as possible of the commission and parking stuff as you could probably use that to reclaim that money. Holiday might be more difficult to prove without that contract.
    • TBagpuss
    • By TBagpuss 1st Dec 17, 9:57 AM
    • 6,084 Posts
    • 7,837 Thanks
    TBagpuss
    • #5
    • 1st Dec 17, 9:57 AM
    • #5
    • 1st Dec 17, 9:57 AM
    You are not actaully entitled to a contract. The contract exisits becuase you have been showing up for work, and he has ben paying you.
    What you are entitled to is a written statement of particulars giving the key terms of your employment. (see https://www.gov.uk/employment-contracts-and-conditions)
    This can be in your offer letter plus an employee hand book.

    If your employer has verbally agreed to pay your commission and parking and has done so in the past then you probably have a strong argument that payment of those is part of your contract.
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