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To think this isn't legal

(94 Posts)
starsinspring Mon 15-May-17 17:31:39

Hello. I am asking on behalf of a friend, with her permission.

The company they work for have sent a text out stating that poor quality of work has been reported and if this continues they won't be paid as the clients won't be billed.

I'm pretty sure legally they can't do this: am I correct?

MrsHathaway Mon 15-May-17 17:33:13

Completely depends on her contract, I'd have thought.

But in general terms I doubt it's legit.

ghostyslovesheets Mon 15-May-17 17:33:19

depends on the contract

MrsHathaway Mon 15-May-17 17:34:18

Meanwhile look for a new job. Sounds like the employer is looking for an excuse to dodge payroll and that's not somewhere one wants to stay.

starsinspring Mon 15-May-17 17:38:23

Well, yes, but they aren't abundant MrsHathaway so really it's answers to the question we needed.

ghostyslovesheets Mon 15-May-17 17:40:57

but you need to say more - is she on a FT contract, 0 hours or piece work?

mustiwearabra Mon 15-May-17 17:41:42

Completely depends on the industry and the details of her contract.

DisgraceToTheYChromosome Mon 15-May-17 17:42:35

It's not legal; Employment Rights Act says refusal of a customer to pay or neglect in collecting revenue does NOT remove the obligation of the employer to pay staff.

Polidori Mon 15-May-17 17:42:39

Is she working for them as an employee? Or as a self employed contractor/subcontractor?

Nancy91 Mon 15-May-17 17:44:50

Your friend should be paid for any hours they work, regardless of the quality of that work.

Empireoftheclouds Mon 15-May-17 17:48:43

Depends on contract

starsinspring Mon 15-May-17 17:49:14

Zero hours. I don't think the contract is relevant, otherwise people could just contravene employment law in a contract and claim it was okay because it was signed. I thought the same as nancy.

Ffsherewegoagain Mon 15-May-17 17:49:18

Depends on the contract

starsinspring Mon 15-May-17 17:49:37

See above. No, it doesn't. This is concerning.

ghostyslovesheets Mon 15-May-17 17:51:02

try ACAS

and a chill pill!

ghostyslovesheets Mon 15-May-17 17:52:41

mustiwearabra Mon 15-May-17 17:53:10

I was asking from the point of view that if she worked in construction or trades and was a self employed sub contractor, this can sometimes happen (only if their shite clearly).

Empireoftheclouds Mon 15-May-17 17:53:36

Contract WAS relevant even so we could find out whether they were employed or self employed. The zero hours seems to indicate employed though.

mustiwearabra Mon 15-May-17 17:56:38

they're not their, bloody Nora

Ifailed Mon 15-May-17 17:58:15

if this continues they won't be paid as the clients won't be billed

This is the relevant point. She will be paid for the work done.

Ffsherewegoagain Mon 15-May-17 17:59:42

Is she self employed or employee?

starsinspring Mon 15-May-17 18:02:28

Employee. I am chilled ghosty, don't worry, I just didn't want several pages of 'check the contract' - employers can't just put whatever they want in a contract and then it becomes legal.

Ffsherewegoagain Mon 15-May-17 18:16:00

Have they agreed to the deduction in a separate contract?

Ffsherewegoagain Mon 15-May-17 18:19:18

If the employees have agreed in writing to a deduction then it may be legal, depending on whether or not it takes the wage under NMW (or living wage or whatever it is called now)

Penndragon Mon 15-May-17 18:24:43

Vaguely similar but apologies for thread heist but I was talking to severel young women working in Debenhams recently on the makeup and perfume counter and if they get anything stolen by a shoplifter it comes out of their wages...
Taken to its logical conclusion one assumes they could end up owing the company for having gone to work that week?

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