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Original poster

Cafe didn't pay my daughter for trial shift

35 replies

Leftabadreview · 26/05/2018 19:00

Any advice please?
My DD needed a part time job and was offered a trial shift at a local cafe. She worked hard for three hours during a busy shift, was told she did well and was promised a job as a result. She never heard back from them, they didn't reply to any of her messages to find out what was going on, and was never paid. This was a few weeks ago now. She's since found another job, but it rankled that she'd basically worked for nothing, specially as she'd turned down another day's work to do this trial.

I left a bad review on their Facebook page saying as much, but now someone from there has sent me a rather abrupt PM saying this never happened as far as they are aware, wanting to know when it happened, and for her details so they can look into it. Thing is, my DD wants nothing to do with this any more. She's worried about getting a name as a troublemaker so I can't give them her details. They didn't sound at all contrite - no apologies or explanations, no offer to make amends, just a denial that this could have happened. My hunch is that they are more concerned about the bad review than trying to make amends. From other reviews it sounds like the management are arrogant and rude anyway.

I don't want to overstep the mark and I certainly don't want to go against DD's wishes, but having talked to her, she wants the review to stand as a warning other youngsters to be careful. OTOH she doesn't want to get involved with battling them for her money or anything like that. I'm ignoring the cafe's messages for now.

Could I get into legal problems by leaving the review up there? Would you say anything in reply to their messages or just ignore and block?

OP posts:
Atetoomanyjaffacakes · 26/05/2018 19:08

Was she told she would be paid?

I did a trial shift in a hotel once for 2 hours and didn't get paid either, but this was explained to me beforehand

Rocinante1 · 26/05/2018 19:12

A lot of places now are asking applicants to do a trial shift as part of the interview process - and as such, it is not paid.

Unless this was a paid shift, with all the legalities that entails, then you won't get the money. It's not illegal to ask applicants to work a shift for free as a trial.

Rocinante1 · 26/05/2018 19:13

And there's no obligation for them to give you a job.

MrsCD67 · 26/05/2018 19:14

My DS did 6 hours as a trial at a big chain restaurant and wasn't paid

ApolloandDaphne · 26/05/2018 19:15

My DD did trial shift at a cafe recently. She knew in advance that she wouldn't get paid for it if she wasn't successful or chose not to take the job. I think that is the norm for these kind of jobs.

Original poster
Leftabadreview · 26/05/2018 19:16

I don't know what they agreed up front about payments. Is working for nothing normal even for a part-time and low skilled job like clearing tables? I didn't realise.

OP posts:
Original poster
Leftabadreview · 26/05/2018 19:16

I will remove the review in that case.

OP posts:
Rocinante1 · 26/05/2018 19:20

Yes. It's places like schuh (I'm sure they were in the paper for it as they has a group's interview with about 20 applicants and all the applicant where then booked in for an unpaid trial shift - that was 20 full days of work they got for free). It might not have been schuh, but something like that.

But anyway, yes - it's low skilled shop/cafe jobs that are doing this.

Original poster
Leftabadreview · 26/05/2018 19:23

So these companies get a load of youngsters to work for nothing? Angry
I just asked her. They told her they would pay for those hours.

OP posts:
HollyBollyBooBoo · 26/05/2018 19:26

Totally normal in that industry but they should have explained it.

Think you've reacted some what. Don't you need to help your daughter fight her own battles rather than taking them on for her?

CopONNotLinkedIn · 26/05/2018 19:26

omg this is shit! these companies should be ashamed of themselves.

I'd leave it at this point but the bad review serves them right.

Jaguarana · 26/05/2018 19:27

This seems to be fairly standard where I am, sadly. One particular cafe owner has a reputation for taking on a teenager for a three day trial, not paying them, then telling them by text they haven't got the job. Then they take on another person & do the same thing. Free labour, basically. It happened to my nephew.

HollyBollyBooBoo · 26/05/2018 19:28

This really isn't a new phenomenon! I worked trial shifts in the late '90s!

Ullupullu · 26/05/2018 19:28

This has been normal in catering for years. Happened to me over a decade ago, it was agreed at the time it would be unpaid. You shouldn't be fighting your daughter's battles though, let her be a grown up.

LuckyTwiglet · 26/05/2018 19:29

If they had agreed beforehand then surely they would not now be denying it happened.

I would personally leave the review up. They can bluster all they like but they have no way of compelling you to remove it if its true, and not insulting, etc.

I would also send them or hand deliver a letter saying clearly there has been an oversight here but if its not resolved and your daughter paid for the time she worked there, you will be reporting in full to HMRC as clearly they are not keeping adequate records of who is working there and what and how they are being paid.

BakedBeans47 · 26/05/2018 19:33

I’d leave the review up. As long as it’s true you won’t get into trouble

Bombardier25966 · 26/05/2018 19:44

If she was doing work that they would otherwise pay someone to do, she has the right to the minimum wage for her age. This is a statutory right, it's not something an employer can bypass because they feel like it, even if the worker agrees.

The only way these employers will stop taking advantage is if workers stop allowing them to do it. That's not going to get you a job, but if an employer is only doing it to cover shifts they're not going to be interested in employing beyond that time anyway, plus you can only imagine what type of employer they'd be if they have so little respect for their workers.

Bombardier25966 · 26/05/2018 19:45

And the fact that it is the norm for some industries is irrelevant. All that means is that they've been allowed to get away with it for so long.

Theworldisfullofgs · 26/05/2018 19:49

So if they get loads of people to do trail unpaid shifts, they never have to pay anyone?

W0rriedMum · 26/05/2018 19:49

A local cafe to me does this & it's a trendy cafe with high prices (e.g.£10 a salad). A young family friend also said they pay less than the minimum wage in cash Shock

They've lost a customer in me..

GoldenKelpie · 26/05/2018 19:49

OP, some pay and some don't. When my DD went to uni, she arrived at halls a week early having arranged six trials at different restaurants during that week. She was paid for some and not others and offered positions at all. She chose the one that paid her, gave her share of tips for the session, her dinner, and a cocktail afterwards. Spent four years there until leaving uni.

ourkidmolly · 26/05/2018 19:50

Exploitative and mean. I'd let your review stand. It's honest and you're under no obligation to provide them with anything.

corcaithecat · 26/05/2018 20:06

It's illegal to expect someone to work without paying NMW so they could be prosecuted. I'd tell them I'd be reporting them to HMRC and see what they have to say.

Rocinante1 · 26/05/2018 20:43

@corcaithecat

You are very wrong. Have you read anything anyone else has said or even googled It?

Unpaid trial shifts are common and legal. It was announced, in March I think, that MPs want to make them illegal but at the moment an unpaid trial shift is not considered the same as working for free for a company.

corcaithecat · 26/05/2018 21:08

I haven't read any case law expressly stating that trial shifts are exempt from NMW.

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