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Original poster

Title edited by MNHQ at request of OP - Advice pls on labour exploitation law (a minor not being paid at work).

186 replies

Hedgehogscanclimbtrees · 14/12/2022 19:24

This summer after GSCEs my son made a CV and went round our town's local cafes and restaurants asking for work. He was 16 at the time (17 now) and most places said no, he was too young. One place took him on, £5 per hour, mostly kitchen help, washing dishes, helping wherever help is needed, some waiting on tables. He has loved doing this, and he likes the boss ("he's like a friend") and the other members of staff. He has been putting in the hours at weekends and holidays, sometimes doing 10 hour shifts! To be clear this is something he has wanted to do and it helps his self-esteem. We have also kept an eye that his schoolwork does not suffer.
However I have found out that the boss is not paying his staff because of cashflow problems! Apparently payday was always "oh next week" etc. then it came out that the owner is opening another restaurant, so didn't have the cash to pay his (young) staff! My son has been paid some, but we added up his hours and he is owed over £1,000! My husband and I are tempted to go to the restaurant to (politely) tell the owner that he cannot withold our son's earnings but son (understandably) doesn't want us to wade in on his behalf. However he is in a vulnerable position, having been working cash in hand. And being so young (he has tried asking for his wages and keeps getting fobbed off). We told him to say that he cannot continue to work if he is not being paid but now they have simply removed him from the Whatsap group where the rotas were sent out. He went in today to ask why he'd been removed and it seems several people have been removed, apparently because the owner is trying to catch up on his debts to everyone by not rota-ing them... I asked who is serving then and my son didn't know, but he did reveal that Sundays have apparently been busy because sometimes it was just my son and the owner who was juggling cooking and front of house!
I have to say I think any business owner who does not pay his staff is probably going under. What recourse does my son have? Are there laws to protect people like him (and the other young people who have also not been paid)?
I would love to hear from any employment lawyers on here, or re 'Modern Slavery' laws!

OP posts:
Lockheart · 14/12/2022 19:26

Don't take legal advice from strangers on the internet. Speak to a real life employment lawyer.

PotteringAlonggotkickedoutandhadtoreregister · 14/12/2022 19:28

He’s not a slave as he’s free to go at any point.

But I would 100% be speaking to an employment solicitor.

Pothoswithasparkle · 14/12/2022 19:28

Lockheart · 14/12/2022 19:26

Don't take legal advice from strangers on the internet. Speak to a real life employment lawyer.

First one tol you all you need to know.

Acas might be able to help

Askinforabaskin · 14/12/2022 19:28

If he’s getting paid cash in hand then he is in a precarious position and he might not have much protection.

is there any reason why he choose to do it cash in hand? I doubt he’d be earning enough to pay any tax anyway. Also even for a16 year old, is £5 per hour not massively under the minimum wage?

MrsDanversGlidesAgain · 14/12/2022 19:31

Hi OP, here's the definition of modern slavery.

www.antislavery.org/slavery-today/modern-slavery/

I think your son is just working for an employer who has severe cash flow problems. You can argue he's being exploited (and he is) but he's free to walk away and find a better job.

Merlott · 14/12/2022 19:31

Come on now, report to council surely.

MyOpinion1978 · 14/12/2022 19:31

Askinforabaskin · 14/12/2022 19:28

If he’s getting paid cash in hand then he is in a precarious position and he might not have much protection.

is there any reason why he choose to do it cash in hand? I doubt he’d be earning enough to pay any tax anyway. Also even for a16 year old, is £5 per hour not massively under the minimum wage?

Nope. NMW at 16 is £4.81ph.

Fiddledeedeeee · 14/12/2022 19:32

Does he have a contract? Definitely contact Acas to find out for certain his position.

As far as the ‘employer’ goes, he shouldn’t be allowing your son to work 10 hours a shift at his age - it’s a breach of WTD
https://www.gov.uk/maximum-weekly-working-hours

EmmaAgain22 · 14/12/2022 19:33

He's done 200 hours unpaid?

maybe ask for this to be moved to the legal board.

I had a neighbour go after a restaurant for one week's wages, sent a letter about legal action and got paid right away. But sorry, this sounds more concerning.

PacificallyRequested · 14/12/2022 19:33

He's a mug maybe but definitely not a modern slave. FFS.

rjp3141 · 14/12/2022 19:34

I work in this field and it doesn't appear to meet the elements of modern slavery as he is free to move on and is not being controlled. However, he is being exploited, the glaa (gang masters and labour abuse authority) can advise, i duggest you give them a call in the morning.

MrsDanversGlidesAgain · 14/12/2022 19:35

PacificallyRequested · 14/12/2022 19:33

He's a mug maybe but definitely not a modern slave. FFS.

Did 😒at that. Trouble is, even if they do go the legal route for the money the employer probably doesn't have it.

alwaysmovingforwards · 14/12/2022 19:36

Personally I'd 'build a relationship' with the boss.
Just drop in and order something, let him know you're DS parents, ask how he's getting on.
Good at the job?
Are you happy with him?
All ok with wages etc?
Let's swap numbers in case of an emergency...

Basically politely let the owner know that your DS isn't alone and that you're now on the scene and you've now got a direct line.

FaazoHuyzeoSix · 14/12/2022 19:36

hyperbole about modern slavery is unnecessary. your son has been badly treated for sure but modern slavery entraps people into working for nothing, or very little, with no way of stopping or escaping. your son's employer has unfairly withheld wages and you should help him to lodge a case in the small claims court for the money owed, and he should find a different job.

LunaAndHerMoonDragons · 14/12/2022 19:36

You could take him to small claims court.

You're title is offensive, slaver still exists, there are people whose families have suffered from slavery in recent history. Not getting paid isn't even in the same ball park.

Catslovepies · 14/12/2022 19:37

This actually happened to me when I was that age. I told the boss that unless he paid me what he owed I would report him to the taxman. It was quite scary as he started shouting and swearing but in the end he paid up pretty quickly.

Pothoswithasparkle · 14/12/2022 19:39

LunaAndHerMoonDragons · 14/12/2022 19:36

You could take him to small claims court.

You're title is offensive, slaver still exists, there are people whose families have suffered from slavery in recent history. Not getting paid isn't even in the same ball park.

When you say recent history, you mean now, don't you.

While it is eyerolly a bit dramatic to call no payment modern slavery, modern slavery is very much going on.

Tundrawave · 14/12/2022 19:42

Of course he is not a modern SLAVE.

How ignorant and offensive

stationroads · 14/12/2022 19:43

Modern day slavery is around all of us as we speak but this isn’t an example of that.

I’m interested to know though how you didn’t realise this had happened until now?

LunaAndHerMoonDragons · 14/12/2022 19:45

Pothoswithasparkle · 14/12/2022 19:39

When you say recent history, you mean now, don't you.

While it is eyerolly a bit dramatic to call no payment modern slavery, modern slavery is very much going on.

Show quote history

That should say slavery not slaver still exists, that there are people whose families have suffered it in recent history and they could find this triggering. My hands are pretty messed up not typing very well.

Honestly it feels very 'white' privilege (can't think of a better way to put) to be using that term for something like this, when there are actual slaves suffering right now.

LunaAndHerMoonDragons · 14/12/2022 19:48

LunaAndHerMoonDragons · 14/12/2022 19:45

That should say slavery not slaver still exists, that there are people whose families have suffered it in recent history and they could find this triggering. My hands are pretty messed up not typing very well.

Honestly it feels very 'white' privilege (can't think of a better way to put) to be using that term for something like this, when there are actual slaves suffering right now.

Show quote history

Still not sure I said that clearly. While people who are slaves won't be reading this people whose parents or grandparents were slaves could be reading this and finding it triggering and offensive.

Burgoo · 14/12/2022 19:48

No... it isn't modern slavery. Not even remotely close...

Slavery is "the status or condition of a person over whom any, or all, of the powers attaching the right of ownership are exercised. In essence, characteristics of ownership and indoctrination need to be present for a state of slavery to exist."

Forced labour is ‘all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily’.

So the fact is, the moment he voluntarily goes back to that employer knowing that his wages haven't historically been paid in full he then doesn't fall into that category. He isn't coerced, forced or threatened into working for the employer and he can leave at any time.

The most he is entitled to is a claim at small claims court.

If he hasn't got a contract he may also way out of luck but seek advice on that as its very tricky.

Modern slavery is a serious abuse perpetrated by criminals to exploit vulnerable people. They often illegally traffic people into a country, then threaten to get them "deported" if they don't do what the person demands of them. It is not "oh you haven't paid my wages on time" - it is a pattern of sustained abuse that strips away the victim's sense of self, security and humanity and it is a disgusting and horrifically traumatic situation to be in. So I would politely suggest maybe not making (albeit accidental) light of a situation where people actually die from the consequences (often at their own hands, to escape).

Pothoswithasparkle · 14/12/2022 19:49

LunaAndHerMoonDragons · 14/12/2022 19:45

That should say slavery not slaver still exists, that there are people whose families have suffered it in recent history and they could find this triggering. My hands are pretty messed up not typing very well.

Honestly it feels very 'white' privilege (can't think of a better way to put) to be using that term for something like this, when there are actual slaves suffering right now.

Show quote history

You know, lots of modern slaves in uk are white.

I do agree this is not slavery though. Since we are not what to say "recent history" would suggest it's done. Recent history is fall of Berlin wall, not something happening right now.

Prescottdanni123 · 14/12/2022 19:49

Did he tell you that the payment was cash in hand? Accepting a job like that is always a bad idea.

I agree with others saying speak to a qualified solicitor. People on the Internet may mean well but that doesn't mean they won't give you the wrong info/advice.

Also, don't mention modern day slavery. It definitely isn't that.