A friend of mine has just been given the sack, the employers said they never put her name on the books because they had just taken over the business and the deeds were in the hands of the lawyers.
I wanted to know if she can report her employers to the Tax office.
She is so distraught she wanted to kill herself as she gave up college to work. what can she do?
2007-06-05 00:08:15 · 12 answers · asked by Helen M 2 in Politics & Government ➔ Law Enforcement & Police
She should go to CAB and get legal advice. They can't just sack her and if she was turning up for work and being given work to do, then that's a contract of employment under UK employment law. Employers can be taken to an ET for this and awarded unlimited damages.
She should also inform HMRC - but previous answerer is incorrect to say she is responsible for tax and NIC - this is the employer's responsibility, not your friends.
Tell her to keep calm - she has the law on her side.
2007-06-05 00:21:00 · answer #1 · answered by fengirl2 7 · 1⤊ 0⤋
How long was your friend with this employer? If she was getting paid with personal check or cash, then she should have known that she was not on the books.
She could report them, but her employer would probably say that she was self employed/contractor.
No matter how it goes, now your friend has to pay taxes on the income that she received.
However, if she "did" get paid with regular paychecks, and it shows that the employer was "taking out" the taxes, then she does not have to worry about anything.
At this point it's the employer's responsibility to pay the taxes to the State.
Either way, I wish her good luck and I hope that she goes back to school. Your a good friend, it's very nice of you for looking out for her.
2007-06-05 01:01:19 · answer #2 · answered by Lissy 3 · 1⤊ 0⤋
I presume the employer has been paying her? The employer is responsible for tax and NI contributions, so he certainly has been acting illegally if he hasn't accounted to the Revenue.
The fact that the deeds were with the lawyers has nothing whatsoever to do with this - pure bullsh*t!
2007-06-05 00:47:01 · answer #3 · answered by champer 7 · 1⤊ 0⤋
She certainly can and she should. It's disgraceful and they shouldn't get away with it. What they have done is illegal. She should find a legal aid solicitor and have a free consultation, that way she will know exactly what road to take, and will probably have the benefit of a solicitor free of charge. She should also be entitled to compensation for unfair dismissal, and they will also advise her on this.
Go for it girl and good luck.
2007-06-05 00:19:38 · answer #4 · answered by Kitty. 3 · 2⤊ 0⤋
No excuse they if took over the business as a going concern.
If in UK she has an on the face of it an unfair diismissal claim, Tkae it up with her union citizens adice but hurry there is a very short time limit on claims
2007-06-05 04:15:17 · answer #5 · answered by Scouse 7 · 1⤊ 0⤋
You cant just "sack" someone nowadays. There are procedures you have to go through. If she wasnt given a verbal warning x 2, a written warning and then a final written warning then they are breaking the law. I would tell your mate to go to the CAB office and get advice on how to sue for unfair dismissal. She should also report them to the tax office because it is her who will get a tax bill and be in trouble for non payment of tax.
2007-06-05 00:12:58 · answer #6 · answered by Dingle-Dongle 4 · 4⤊ 1⤋
She certainly can report them, not just to HMRC, but also to Companies House. Poor girl. What a shame. I hate employers who behave like this. If she's been working there for more than two years, she has lots of rights as an employee.
2007-06-05 00:11:24 · answer #7 · answered by Anonymous · 4⤊ 1⤋
The tax office would be a great start - those idiots will regret ever messing with her. The situation is entirely illegal - advise her to tell everyone - the CAB, police, tax office, and to go back to college!
2007-06-05 00:12:42 · answer #8 · answered by Anonymous · 5⤊ 0⤋
What does she plan to accomplish by reporting them? If it's some sort of ploy to get her job back I'd say it's probably just a waste of her time and that she needs to move on and find another job. Who would want to go back and work in a hostile environment anyway?
I do not see how she could have been "off the books" if she was recieving a paycheck.
2007-06-05 00:14:14 · answer #9 · answered by User103443 3 · 1⤊ 3⤋
That's too blatent to ignore.
Get a no-win-no-fee solicitor on to them, and get some compensation.
2007-06-05 00:19:08 · answer #10 · answered by Anonymous · 2⤊ 0⤋