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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think this isn't legal

93 replies

starsinspring · 15/05/2017 17:31

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?

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MrsHathaway · 15/05/2017 17:33

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

But in general terms I doubt it's legit.

ghostyslovesheets · 15/05/2017 17:33

depends on the contract

MrsHathaway · 15/05/2017 17:34

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 · 15/05/2017 17:38

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

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ghostyslovesheets · 15/05/2017 17:40

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

mustiwearabra · 15/05/2017 17:41

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

DisgraceToTheYChromosome · 15/05/2017 17:42

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 · 15/05/2017 17:42

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

Nancy91 · 15/05/2017 17:44

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

Empireoftheclouds · 15/05/2017 17:48

Depends on contract

starsinspring · 15/05/2017 17:49

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.

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Ffsherewegoagain · 15/05/2017 17:49

Depends on the contract

starsinspring · 15/05/2017 17:49

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

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ghostyslovesheets · 15/05/2017 17:51

try ACAS

and a chill pill!

ghostyslovesheets · 15/05/2017 17:52

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

mustiwearabra · 15/05/2017 17:53

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 · 15/05/2017 17:53

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 · 15/05/2017 17:56

they're not their, bloody Nora

Ifailed · 15/05/2017 17:58

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 · 15/05/2017 17:59

Is she self employed or employee?

starsinspring · 15/05/2017 18:02

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.

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Ffsherewegoagain · 15/05/2017 18:16

Have they agreed to the deduction in a separate contract?

Ffsherewegoagain · 15/05/2017 18:19

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 · 15/05/2017 18:24

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 · 15/05/2017 18:25

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

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