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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

to wonder if it is legal for an employer to do this?

28 replies

sleeplessinseatle · 15/03/2011 13:54

Just had a successful job interview for a minimum wage cashier's job in a restaurant. People are supposed to pay the cashier at the end of their meal as they leave.

The employer has said that if a customer doesn't pay, it will be deducted from my wages.

Does anyone know if that is legal? It wouldn't be me stealing the food, and would mean I wasn't getting minimum wage pay for the hours I worked.

Not had a job in a restaurant before so wasn't sure if this is usual?

OP posts:
GypsyMoth · 15/03/2011 14:01

i will hazard a guess and say NO it cant be legal!!!

who are they?? a big chain?

beautyspot · 15/03/2011 14:01

I'm sure someone will be along soon to tell you the legalities (I'm pretty sure it's illegal) however do you really want to work for someone like this? I know jobs are scarce and maybe you have no option so I might be talking way out of turn there.

I hope that you can find another job with a decent employer rather than this towrag.

NotSuchASmugMarriedNow · 15/03/2011 14:05

Ah, they just say that as a threat, he wouldn't really do it.

BlueCat2010 · 15/03/2011 14:08

Yes they can take it out of your wages, but only if it is in your contract of employment and you have signed to say it is OK to do so.

BlueCat2010 · 15/03/2011 14:09

Link to Acas website:

www.acas.org.uk/index.aspx?articleid=1501

BlueCat2010 · 15/03/2011 14:10

www.acas.org.uk/index.aspx?articleid=1501

Sorry, link didn't work.....

Stac2011 · 15/03/2011 14:12

I previously worked in an off license and if your till was short you had to pay it, I think its quite common in cashier jobs

LineRunner · 15/03/2011 14:13

No it isn't legal because it would take you below the minimum wage.

If you heard about the job through your Job Centre, you might wish to tell them!

pumperspumpkin · 15/03/2011 14:18

Yes it is legal. It stinks, but it's legal.

In retail jobs they can't take more than 10% of your gross pay on any occasion (but can spread out the total loss over many paydays to get it all back in the end) and as it counts as being related to your conduct, it's not taken into account in calculating the national minimum wage. As said above, you have to have agreed in writing in your contract (and also before they actually make any deductions they have to tell you the amount).

kittybuttoon · 15/03/2011 14:26

If IWY, I'd tell them you'll take the job on condition that the part of the contract relating to their losses through customers doing a runner is deleted.

Let them know that you want a job which relies on a minimum regular income.

This is a very reasonable request, and if they say no, it more or less proves they're shysters. Robbing minimum wage-earners to keep up their profit margins - shocking!

edwardcullensotherwoman · 15/03/2011 14:27

That's shocking pumperspumpkin ! I've heard of it being done (an incident at a local shop meant 4 fake £20 notes were taken, the money was deducted from the cashier Shock But I didn't think it was legel either.
What if the customer won't pay because they didn't like the food? Surely that's not related to the host's conduct, morethe kitchen staff/chef? I bet they won't have their pay docked!

edwardcullensotherwoman · 15/03/2011 14:28

legal Hmm

Spenguin · 15/03/2011 14:48

I would still challenge that clause in your contract under Unfair Contract Terms Act and UCCTR. It seems a little onerous.

However, if you still keep the job, steal some toilet roll every now and again to make up for any unfair losses! Bit of cutlery on eBay?!

KatieMiddleton · 15/03/2011 14:51

It is legal to deduct for losses where it's a service/retail role. However, there are a few rules about this and I don't think they can pay you less than the minimum wage. And there's a 10% clause of something.

Will check and come back

GabbyLoggon · 15/03/2011 14:52

It comes across as illegal to me,Sleepless.

BooBearBoo · 15/03/2011 14:59

UCTA doesnt apply to employment contracts.

BooBearBoo · 15/03/2011 15:00

ps - it is legal provided there is a deduction from wages clause in your contract.

pps - i'm an employment law barrister.

KatieMiddleton · 15/03/2011 15:01

Deductions: link here This is included in the text "A deduction must not reduce your pay below the National Minimum Wage rate (except a limited amount for accommodation). This applies even if you have given your permission for it." So it looks like the clause is redundant.

Your tips don't count as wages so you must be paid minimum wage + your tips. Link here

YANBU to wonder but if the job paid more than minimum wage and had that clause it is a reasonable clause to put it. And you could exercise choice by declining to take the job.

KatieMiddleton · 15/03/2011 15:04

x-posted with BooBearBoo. It's not legal if the deductions take the worker's wages below the national minimum wage I think. I'm not an employment lawyer - I'm in HR

BooBearBoo · 15/03/2011 15:04

Ah didnt see the minimum wage bit! KM is right in that case.

My keen legal eye working at optimum I see. Can I blame having a month old baby??!! Hmm

KatieMiddleton · 15/03/2011 15:09

Lol I was defering to you BBB Grin

NotbigNotfunnyNotclever · 15/03/2011 15:12

I worked in a big petrol station at Gatwick airport when I was at school and if anyone drove away without paying for their petrol, it was taken from our wages.

Original poster
sleeplessinseatle · 15/03/2011 15:12

Thanks everyone and especially Kate Middleton

Its is a minimum wage job so they would be breaking the law to deduct anything according to that website.

Not sure what to do. Have been job hunting for months.

OP posts:
KatieMiddleton · 15/03/2011 15:18

Nothing to stop you taking the job if you want it but explaining that the clause in the oontract about deductions is unenforceable (you could give the employer the links above) and so could they please take it out?

BristolJim · 15/03/2011 15:21

Take the job, they can't deduct your salary below the MW, just be aware that future payrises are likely to be swallowed up by till losses.