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Dismissal without a Contract - any rights to payment in lieu?
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Dawn248
Posts: 111 Forumite

My daughter and her friend have been working for a garden centre cafe since May as weekend staff - they're 18. There was a fire - apparently from a dishwasher- and the cafe and kitchen have been destroyed. Staff have been told today they have been dismissed as obviously their jobs no longer exist.
Would they be entitled to any payment in lieu, without a contract of employment?
They've been saving towards a couple of days away before xmas - I'm not able to make up the shortfall in cash as a single mum. Obviously, it's a disaster especially for people who work there full time - but I wondered if they have any rights at all.
Thanks
Would they be entitled to any payment in lieu, without a contract of employment?
They've been saving towards a couple of days away before xmas - I'm not able to make up the shortfall in cash as a single mum. Obviously, it's a disaster especially for people who work there full time - but I wondered if they have any rights at all.
Thanks
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Comments
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There was definitely a contract of employment ("you work, we pay you"), but it seems not a written one. The chances are it was a "zero hours" arrangement - no guarantee of work being offered - in which case there is no right to pay in lieu of notice. Your daughter may be entitled to holiday pay if she hasn't taken any leave, but as she has probably worked less than 60 days, this won't be much.If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales1
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As she has been employer for more than a month she is entitled to a week's notice (or pay in lieu of notice).
However, as Lincroft says, if she is "zero hour" this is more or less meaningless as they are not obliged to give her any work. But, by giving notice they may have "shot themselves in the foot" in that respect and she could claim one or two days (not clear if she works all weekend or just one day).
Also she is entitled to paid holiday which would be just over 1 day for every ten days she has worked.
The lack of a written contract may actually help her as she could argue that she had a regular two day a week job which wasn't zero hour!1 -
Undervalued said:As she has been employer for more than a month she is entitled to a week's notice (or pay in lieu of notice).
However, as Lincroft says, if she is "zero hour" this is more or less meaningless as they are not obliged to give her any work. But, by giving notice they may have "shot themselves in the foot" in that respect and she could claim one or two days (not clear if she works all weekend or just one day).
Also she is entitled to paid holiday which would be just over 1 day for every ten days she has worked.
The lack of a written contract may actually help her as she could argue that she had a regular two day a week job which wasn't zero hour!
She did every Saturday - did additional Sundays/weekdays whenever they'd allow it - took no holiday so should hopefully get a couple of days pay.0
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