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15 year old employment

My daughter has worked for a pub as a kp since june 20th 2011 she has worked various hours many above the legal requirement, ( which in fairness she was happy to do as it did not interfere with her school work so i was happy to comply) but the owners are now leaving the pub this week and have only now issued her with a contract (dated 20th june 2011) my question is when should this contract have been issued from point of employment, and will her job be safe with the new brewery tenants taking over on friday. THIS IS URGENT SO PLEASE FACT PLEASE NOT HINDSIGHT!!

meant to say she is 15 years old

Comments

  • Exactly how old is your daughter? She has to be at least 15 years and 3 months to legally be allowed to work. How old was she on 20 June 2011?! She may not have been old enough to legally enter into a contract of employment then.

    I'd imagine new brewery tenants can employ whoever they like, but if your daughter "knows the ropes" I'm sure they'd be happy to keep her on.
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  • LadyMissA
    LadyMissA Posts: 3,263 Forumite
    edited 23 February 2012 at 10:24PM
    Exactly how old is your daughter? She has to be at least 15 years and 3 months to legally be allowed to work. How old was she on 20 June 2011?! She may not have been old enough to legally enter into a contract of employment then.

    I'd imagine new brewery tenants can employ whoever they like, but if your daughter "knows the ropes" I'm sure they'd be happy to keep her on.
    no you have to be 13 to work but that's light work and you may need a permit

    http://www.direct.gov.uk/en/YoungPeople/Workandcareers/Yourrightsandresponsibilitiesatwork/DG_066272


    http://www.worksmart.org.uk/rights/what_work_can_15_and_16_year


    Also can not work after 7pm or before 7am
  • Savvy_Sue
    Savvy_Sue Posts: 47,885 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    She SHOULD have had a written statement of terms and conditions of employment within 8 weeks.
    Signature removed for peace of mind
  • flo-67 wrote: »
    My daughter has worked for a pub as a kp since june 20th 2011


    but the owners are now leaving the pub this week and have only now issued her with a contract (dated 20th june 2011)

    So no problems there then?!? contract dated when she started - fine



    my question is when should this contract have been issued from point of employment,

    technically yes, but part time at a pub? be realistic. There could have been a 6 month intro phase aswell.


    and will her job be safe with the new brewery tenants taking over on friday.

    That's a no - sorry. Employed less than a year - no rights. however, i'd be surprised if they got rid of her, they would only have to replace her with someone else!



    THIS IS URGENT SO PLEASE FACT PLEASE NOT HINDSIGHT!!

    meant to say she is 15 years old

    ah, now if the new owners don't NEED a KP, then yes, she's surplus to requirements.
  • Wyndham
    Wyndham Posts: 2,650 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    I thought that the contract was implied, even if not written down, but the employee fulfilling the work, and the employer paying them. But, yes, she should have had a contract (written) when she started work.

    Also, be careful about the hours - even if everyone is happy, if she's working too many then she's still breaking the law. It's more extreme, but there have been a couple of cases where someone was happy to die and someone else happy to kill them - but we still class it as murder in law. Just because everyone concerned agrees doesn't actually make it right, and the laws are there to protect her.
  • Exactly how old is your daughter? She has to be at least 15 years and 3 months to legally be allowed to work.

    WRONG. Children can work younger than that however they must have permission from the council and there are restrictions on the type, hours and days they can work.
  • KiKi
    KiKi Posts: 5,381 Forumite
    Part of the Furniture 1,000 Posts
    edited 24 February 2012 at 1:53PM
    flo-67 wrote: »
    My daughter has worked for a pub as a kp since june 20th 2011 she has worked various hours many above the legal requirement, ( which in fairness she was happy to do as it did not interfere with her school work so i was happy to comply) but the owners are now leaving the pub this week and have only now issued her with a contract (dated 20th june 2011) my question is when should this contract have been issued from point of employment, and will her job be safe with the new brewery tenants taking over on friday. THIS IS URGENT SO PLEASE FACT PLEASE NOT HINDSIGHT!!

    meant to say she is 15 years old

    She is not entitled to a contract at all; it's not a statutory requirement.

    She should have been given a written statement of particulars within 8 weeks of starting, but there's little you can do if they don't.

    She has not been employed for a year, yet, so has no recourse to being dismissed for any reason (other than for a discriminatory one), so they may keep her or not - but she'll have no rights if they don't unless they break unfair dismissal law, or breach her contract.

    Re the contract date, it should be from her start date - but that does depend on what basis she was employed. Was she casual? Was it zero hours? To be honest, if the new owners want her, they'll keep her on, and if they don't they won't.

    What does it say under 'hours'? Make sure it's reflective of what she does (within the law) and then ask them to change the start date to June 11.

    KiKi
    ' <-- See that? It's called an apostrophe. It does not mean "hey, look out, here comes an S".
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