16 Year Old Worker

[cas42]

My 16 year old daughter has worked weekends in a cafe for nearly 2 years. She is paid cash and does not have a contract. She had a day off ill recently and has heard from another member of staff that they now want to sack her as they say she is unreliable. Does she have any rights?
Thank you in advance for any advice.

[Mamyalynne]

Info and some links.

https://www.citizensadvice.org.uk/work/check-your-rights-at-work-if-youre-under-18/

[pixie374]

I'm afraid not, but she should take no notice unless the employers themselves actually speak to her. "Another member of staff" is not in a position to inform her officially.

[Buenchico]

No rights at all.

An employer can dismiss an employee within two years of them starting work for almost any reason or, indeed, for no reason at all. The only exception is when the reason for dismissal contravenes equality legislation. (e.g. it would be unlawful for an employer to dismiss an employee because he'd found out that they were gay or because they'd converted to Islam).

[fiction-factory]

She does have a contract even if she hasn't seen/signed one, but as Buenchico says she has no rights in these circumstances- except she needs to be informed and given appropriate notice. She should also check she has had appropriate holiday pay. It sounds like it's their loss not hers.

[woofgang]

cash pay and no contract? Do they pay her NI? Is this a black economy job?

[Buenchico]

If she's been working for more than two hours on a Sunday the café owner has been breaking the law:
https://www.gov.uk/child-employment/restrictions-on-child-employment

All employees (including, for example, young people who deliver newspapers) are entitled to paid holidays. Your daughter should have been getting 11.2 days paid holiday per year (assuming that she works the same hours on Saturdays and Sundays).

[Buenchico]

>>> Do they pay her NI?

There's no National Insurance to be paid by an employee under 16 years of age. There's also no NI to be paid by an employee earning less than £166 per week.

[woofgang]

okay...maybe NI wasn't a good example....but my question stands....is she properly employed?

[EDDIE51]

There used to be cases where workers were intentionally 'sacked' just before the deadline for becoming 'Permanent' and getting the rights that came with it! Then they would be re
employed the next day ! But that has changed ! It is now illegal ! Your Daughters case is complicated ! many employment laws do not apply to under 17s as they are officially still 'In Education'.

[johnk]

Don't act on other people's reports of conversations, you'll be manipulated all your life. Wait to hear what her boss actually says themselves. (S)he may have been stressed out.

[Maydup]

Agree with John, ^^^ and teach your daughter to rise above the rumours. Make sure she knows to phone or text the correct person at the cafe if she is sick and not a colleague or friend. And phone or text that person now to say how sorry she was to have missed her shift but shes feeling betetr now and will see them again on whenever.