Employers breaking the law?

My son (19) works for a fast food chain, he has done for 2 years. He gets paid cash weekly, doesn't have a contract, has never seen a P60, doesn't get paid holiday. The way they seem to get around this is by calling him a "casuall" employee but how can he be casual if he works EVERY saturday and the odd shift during the week and every other sunday ?? When the place closed for 2 weeks for a re-furb he didn't get paid.

I am sure this is against employment laws ?? I am in UK
Additional Details
He doesn't earn enough to pay tax (earns £25-£60 a week max) but he should still get a P60 every April even if he hasn't paid any tax. He gets paid min wage

fengirl2

If your son is not earning enough to pay tax or NIC, then he does not need to get a payslip or a P60 - the purpose of these 2 documents is to show tax and NIC deductions and it follows that if he doesnt suffer the deductions, he doesnt need the papers.
Exeryone is entitled to 20 days paid holiday a year to include bank holidays. This is pro rata for part time employees. if your son is not getting paid holidays, then he needs to speak to the employer.
the lack of written terms and conditons of employment is in itself an offence on the part of the employer, but a contract does exist in that your son turns up for work and is given work. The employer is therefore obliged to follwo the statutory requirements in relation to holidays, etc.

Jean-Luc

Your son is getting paid cash in hand - I can almost guarantee the same cash hasn't gone through the till. The employer is doing this to avoid NI contributions.

What's the point in making a song and dance about a few quid for a little part time job? Take the money, say nothing. Why spoil it?

maria

there are a number of things that are covered here but i would say the main one is that he is entitled to a contract of employment within 8 weeks of starting work. he is also entitled to a payslip. my best suggestion...get him to join a union QUICK! try the website below & good luck!
m x

cheek_of_it_all

His employer is required by law to give him a pay packet outlining the hours and rate of pay, all deductions made and his gross amount, a P60 is issued by an employer or the tax office.

If your son spoke to the tax office, he could verywell end up with a large bill along with the dole queue as the employer may be fined or imprisoned for many things including tax evasion.

Finally, is your sone being paid the national minimum?

I would start tackleing this with the employer first and if he simply gives him the sack, then he can then take matters further and when signing on, he would soon find out if he has had any contributions paid.

I had a job for about 6 weeks that paid cash and I had a wage packet and pay slip but even then, I found that the employer wasnt paying the contribution despite taking them out of the pay packet, I ended up having to pay my contributions again...

Stephen A

I whould have said your son's job was part time.

The company he works for should know that they can not employ casual workers as this is now classed as illegal

As for Tax yes you should get a P60 , even people on the dole get one

It looks like your son is not on the company's books , and because of this I whould if I where you seek advice , from your local CAB

As it's not only the matter of the Tax issue , theres the matter of NI and the issue of insurance in case of your son having an accident at work

wonderingstar

that is so illegal, I also wonder if they have followed H&S laws

ben l

yep the employer is breaking the law, your son should be issused a pay slip showing the amount of hours worked and any deductions e.g tax.

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