Cafe didn't pay my daughter for trial shift

[Leftabadreview]

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?

It isn't illegal, and it sadly is a pretty common practice.

That doesn't make it anything other than a poor practice though, and as such, poor reviews are fair, IMO.

Fine to put someone on a 'probationary period' to see what they are like for a while, but if they do a shift, then they morally should be paid for it. It's not even like they can really count it as 'training' like they could in some jobs. You hardly need 'training sessions' for clearing tables and washing up, just a few pointers from somone more experienced.

@corcaithecat

It is not illegal. It only becomes illega when it is no longer a trial e.g. asking an applicant to work more than one shift, then you are entering into employment contract territory. But unpaid trial shifts of a few hours are simply part of the interview process and do not need to be paid. HMRC will not care.

Here is a quote from an ACAS lawyer if you’re still not convinced, but you really should just listen to what everyone is saying.

“The Acas adviser we spoke to said, that generally an employer does not have to pay you for a trail shift – so long as this is truly a trial. It would be possible for employer and trial worker to agree to ' a couple of hours' of unpaid work.”

If they said they would pay her, it's not a trial shift.

Or, it's a paid trial shift.

Trial shifts are legal. They are exploitative and scummy but they are legal.

I worked in a cafe that would have people in for 'trial shifts' over lunchtime every day. Arseholes.

If they said it, then she needed to get that in writing because now it's she said/they said.

Also, they don't even remember having her there so someone obviously did something stupid. But the OP called it a trial shift in her first post, which is why we all pointed out that they don't need to pay. She then later said that they agreed to pay, but that info wasn't there when we started telling her about unpaid trial shifts.

What Rocinante1 said.
Hopefully they'll be illegal soon.
Exploiting young people, it's disgusting.

Thanks for your replies. I do take your point about leaving my DD to fight her own battles, and it is something I considered before reacting. She'd got as far as she could in pursuing it and was just ignored. Very bad practice.

I decided to pursue it in the end because I have nothing to lose, and I hate young people being treated like this. I bet she wasn't the only one. And also, rightly or wrongly, they might take more notice of someone older.

I did a really miserable trial shift working in a restaurant in Soho 17 years ago, they never paid me anything and never called with more shifts either.

I feel for your daughter, it's depressing.

loads of places do this to get free cover for busy shifts. It's a thing :(