Cash In Hand

LegacyUser

I Have been working in a bar the past 2.5 years for cash in hand. Now I know its wrong but the bar would not pay me any other way and I was stuck for a job at the time. Recently the Bar manager was sacked and a new one took over shortly afterwards. This guy has been slowly getting the old bar staff out and replacing them with his own. I was not told I was sacked just not on roster anymore. Just wondering do I have a leg to stand on? I don`t think I do but thought I would ask here maybe someone might be able to help.

Not sure if this in the correct forum, thank you.

ongarboy

I personally don't think you have a leg to stand on as it sounds as if you are not recognised an an employee if you have no contract and documented payslip as P45 and or formal notice wouldn't appear to have to come into it? If you were registered, Revenue would be seeking out your tax/RSI. By trying to take legal action, could open a whole can of worms if you were also availing of welfare benefit during your employment period (not assuming this is the case but that otherwise your means and ability to live may be questioned during the period if you do try and take action).

I think this is one of the cons of exclusively taking cash in hand work.

Mrs OBumble

It's the right forum.

Have you been paying tax on your earnings? If not, then not a hope, I suspect.

paul71

You certaainly have a leg to stand on. Go to your local PAYE office, give them details of when you started the amounts you were paid and when you were paid, tell them that you have not been given a P45 and they will send a form P46 to your employer. Failure to furnish a P46 within 2 weeks will result in a prosecution. Upon receipt of your P46 make a claim with the labour court for unpaid holiday pay.

crotalus667

iirc , even if you are payed cash in had you are still entitled to all the same rights as some one that is payed normaly ie min wage etc

Nody

crotalus667 wrote: »

iirc , even if you are payed cash in had you are still entitled to all the same rights as some one that is payed normaly ie min wage etc

But he'll also need to pay in the tax his employer did not pay in on his behalf which for 2.5 years will add up quickly...

paul71

Nody wrote: »

But he'll also need to pay in the tax his employer did not pay in on his behalf which for 2.5 years will add up quickly...

No he wont, it is standard practice for the revenue to gross up the salary from the net in situations like this and the liability falls on the employer.

tricky D

ongarboy wrote: »

I personally don't think you have a leg to stand on as it sounds as if you are not recognised an an employee if you have no contract and documented payslip as P45 and or formal notice wouldn't appear to have to come into it?

There is the matter of a 'contract by practice'.

shankespony

If he goes to revenue can he not avail of the good citizen report option?

LegacyUser

Thanks for all the comments guys. I forgot to mention that I did claim social welfare for the time I worked for that bar. My hours varied greatly from week to week anything between 1 to 5 shifts. On average between 2-3. I gained employment somewhere else roughly 4 weeks after I stopped getting shifts. All above board this time thank god. Think I will put this down to being naive at the time and just really needed a job.

I thought I would post here to get some feed back as I felt used. I worked all the bad shifts Nobody wanted ie xmas eve Newyears eve, covered sick staff and then NO more shifts for absolutely nothing. If I had of been told its not working out we are giving you two weeks notice, that would of been fine.

I am afraid of getting stuck with a massive tax bill even though my 3 days average would not qualify for much tax. Then on top of that what would the SW say for drawing dole?

Thanks for the feed back guys appreciate it.

crotalus667

annomys wrote: »

Thanks for all the comments guys. I forgot to mention that I did claim social welfare for the time I worked for that bar..

In that case I would let it go, worst case you may have to pay the social welfare back

the_syco

annomys wrote: »

I forgot to mention that I did claim social welfare for the time I worked for that bar.

If you were claiming the social welfare whilst working, did you let SW know that you were working or not?