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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
sleeplessinseatle · 15/03/2011 15:35

Oh dear, just spoken to Pay and Work Rights 0800 917 2368 (given the number by acas) who said if it is stated in my contract as a misconduct penalty they can do it! even if it takes me below min. wage!

Do you think they'll stop my JSA if I refuse this job? Jobhunting sucks.

OP posts:
KatieMiddleton · 15/03/2011 15:51

I think the Pay and Work Rights people have that wrong. I will go and have a look at the legislation now.

KatieMiddleton · 15/03/2011 16:28

Right have read the relevant legislation from Employment Relations Act 1999, Employment Act 2008 and National Minimum Wage Act 1998 (and all the relevant changes inbetween!) and I keep coming back to the same principle from the National Minimum Wage Act:

1)A person who qualifies for the national minimum wage shall be remunerated by his employer in respect of his work in any pay reference period at a rate which is not less than the national minimum wage.

I've also checked out Directgov, BusinessLink, CIPD, Dept for Business Enterprise and Regulatory Reform. All suggest Pay and Work Rights are wrong.

You could try ringing the National Minimum Wage helpline? 0845 6000 678

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