To think this isn't legal

[starsinspring]

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]

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

But in general terms I doubt it's legit.

[ghostyslovesheets]

depends on the contract

[MrsHathaway]

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]

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

[ghostyslovesheets]

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

[mustiwearabra]

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

[DisgraceToTheYChromosome]

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]

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

[Nancy91]

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

[Empireoftheclouds]

Depends on contract

[starsinspring]

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]

Depends on the contract

[starsinspring]

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

[ghostyslovesheets]

try ACAS

and a chill pill!

[ghostyslovesheets]

www.acas.org.uk/index.aspx?articleid=4125

[mustiwearabra]

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]

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]

they're not their, bloody Nora

[Ifailed]

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]

Is she self employed or employee?

[starsinspring]

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]

Have they agreed to the deduction in a separate contract?

[Ffsherewegoagain]

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]

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?

[starsinspring]

I'm sure that wouldn't be legal, either (surely?)