what are your rights

[Andy]

My girlfriend got told over the phone of her boss that the pub she worked at has shut down for good.Just checked on the pubs web site and its shut for refurbished.
Is my g/f entitled to any payment

[Phil Miller]

Not 100% sure mate, how long did she work there, does she have a contract of Employment?

prob best to call the CAB and ask them

[Andy]

Only worked there for 7 months,no contact was.signed

[Phil Miller]

then i would have thought there is nothing she can do mate

[Andy]

Yeah that's also what i thought as well  Phil

[Teutonic_Tamer]

She needs to go round the back at 4am, and hammer some 6" nails in all the beer barrels! 

[Andy]

She needs to go round the back at 4am, and hammer some 6" nails in all the beer barrels! 

[stealthwolf]

Wasn't there some kind of legislation that meant that those who worked for a certain amount of time, albeit temporary, were entitled to the same as long term employees?

Speak to citizen's advice bureau.

[Andy]

Wasn't there some kind of legislation that meant that those who worked for a certain amount of time, albeit temporary, were entitled to the same as long term employees?

Speak to citizen's advice bureau.

She is going to contact them  and see where she stands with the situation

[stealthwolf]

Seems like the new rules were for agency workers. I'm sure there are implications if there was no contract eg NI contributions, tax etc. I'm sure the Inland Revenue would be interested.

http://www.direct.gov.uk/en/Employment/Understandingyourworkstatus/Temporarylayoff/DG_10026693

[simonp]

Do you know for sure that it won't be re-opened under new management? The old boss might've been given his marching orders, too, and told to get shot of anyone working for him.

With regards to rights, an employee should be given a written contract within 2 months of starting any role and given 1 weeks notice of termination of employment, so they may be the only avenues you could possibly chase them up. Anyone with less than 12 months service wouldn't be considered for any sort of tribunal/unfair dimissal claims, but the other 2 things I previously mentioned might get you somewhere...

Try here for more info (online version of CAB): http://www.adviceguide.org.uk/index/your_money/employment_index_ew.htm

[Andy]

Do you know for sure that it won't be re-opened under new management? The old boss might've been given his marching orders, too, and told to get shot of anyone working for him.

With regards to rights, an employee should be given a written contract within 2 months of starting any role and given 1 weeks notice of termination of employment, so they may be the only avenues you could possibly chase them up. Anyone with less than 12 months service wouldn't be considered for any sort of tribunal/unfair dimissal claims, but the other 2 things I previously mentioned might get you somewhere...

Try here for more info (online version of CAB): http://www.adviceguide.org.uk/index/your_money/employment_index_ew.htm

Cheers for the link Simon--not sure whats happening with it yet but he has a few pubs so it won't surprise me if it opens back up

[benjii]

Take it to a work tribunal fella I run a business and I swear it's legal to employ someone with out a contract a friend got stung at his business and had to pay the employee 1500 As the asa I think its called was gonna take him to court. As long as she has evidence she worked there it should hold up

[stealthwolf]

Did you mean ACAS?

[simonp]

As I've already stated, anyone with less than 12 months service will not be able to claim any sort of unfair dismissal (this will change to 2 years after April).

I asked Mrs P (she's an HR consultant) about the contract and she said that you can have what is called an implied contract i.e. someone employs you, you go there to work, so you have a contract. A written one is always preferable, obviously.

Think you need to take this as one of life's kicks in the plums, as there won't be a lot you can do about it...