part time job

getmore4less

You would need to establish your terms from the conduct of the contract.

eg.
What was said during the negotiations to do the work.
was any notice agreed if you wanted to stop doing the job.
Was it just term time.
how were the days/times scheduled what were the expectations.

What happened if you were sick or wanted to not do a particular day.
What happened if it was not being run a particular day.
How was the holiday pay paid
...

elsien

Did you have a DBS check done?
I'm wondering if the employer has been flying completely under the radar.

squizz11

DBS checks were done. But no terms and conditions were ever given. There are normally three people do it and we are allocated our days on Friday for the following week so normally only 2 people walk up .

Because the job was allocated week by week and you didn't know what days you were doing you could say it was a 0 hour contract, as and when needed

lincroft1710

Ozzuk wrote: »

You could try a MCOL for the missing notice payment, that is probably as much as you'll get. I think it costs around £1200 to bring an ET action (for your friend) so I doubt she'll want to pursue that.

Even an MCOL claim would cost more than or the same as OP might have lost in wages because of lack of notice.

getmore4less

squizz11 wrote: »

DBS checks were done. But no terms and conditions were ever given. There are normally three people do it and we are allocated our days on Friday for the following week so normally only 2 people walk up .

Because the job was allocated week by week and you didn't know what days you were doing you could say it was a 0 hour contract, as and when needed

That's probably going to be the case or close enough not to make any difference.

If they could also turn down the work or notify they were not available that would back up Zero hours worker status.

The employer does not even have to terminate with notice just stop offering work.

and as they both accepted that for 12 weeks without complaint that would also point to an expectation not to be offered work on a regular basis.

The only thing lest to claim would be holiday pay if that is not been paid.

lincroft1710

getmore4less wrote: »

The only thing lest to claim would be holiday pay if that is not been paid.

I get the impression that this is term time only and OP just gets paid for what she does.

Savvy_Sue

lincroft1710 wrote: »

I get the impression that this is term time only and OP just gets paid for what she does.

Very likely, but holiday should have been paid - when I was doing this I just paid what was due as holiday pay when the holidays started!

lincroft1710

As this was only for 20 minutes a day, was this an actual job, or were OP and friend performing a service, and thus self employed?

Savvy_Sue

lincroft1710 wrote: »

As this was only for 20 minutes a day, was this an actual job, or were OP and friend performing a service, and thus self employed?

Well, it's a possibility, but I'd have said unlikely to be self-employment, although the owner might have wanted it to be so.

For example, if the OP and her friend were meant to be walking the children on Monday, they couldn't just decide they weren't going to do it that day and ask their neighbours to do it. And they had to do it at a particular time as well. They would have had very little - if any - choice about what they were doing when!!!

squizz11

def not self employed, as that would have been implied. we were given a schedule you had to do those days, and you never got the same days as she divided them up, so some weeks you had 5 days some 4 and some 3. Looks like we will have to let it go which is annoying, even though in principle she has treated us shodily just for being concerned about safety. She has only just this year started registering the walkers for tax, never done previously