Fined for being ill

[Abraiid2]

One of my children does part-time work for a catering company.

They (keeping it vague for reasons of confidentiality) rang up the company at lunchtime on Friday to warn them that they were starting to feel ill. They called again at two to confirm they felt worse and couldn't make it. A teacher at school noted that they looked sick in class. They came home and went to bed after school.

When starting the work they signed a contract setting out that they would be fined £20 for a shift cancelled within 48 hours unless they could provide proof of illness. Now obviously we didn't visit the gp with what was clearly a virus, unpleasant and debilitating, though it was (not gastric, to make it clear), but would an email from the teacher who noticed DC looking ill at school be reasonable proof of illness? They have to self-certify, too.

I am annoyed about the fine. I know the contract was signed and I did explain to DC the implications at the time of signing, but all the same. It seems that people who shouldn't be working are being pushed into it.

That can't be a lawful contract term.

How old is your daughter? And how is this fine to be paid?

That's an unlawful deduction of wages.

Does the fine take the pay below the national minimum wage? Because that would be unlawful too.

this doesn't strike me as being enforceable.

if they want to take it out of the wages they will be banking on the thought that no one will want the cost of taking it further. It's awful that companies have the right to do this.

I'd suggest DC write to the local MP but of course that will mean leaving the job. This should not be a condition of working anywhere.

It's extremely unlikely the company has the right to do this.

If this has the effect of bringing her pay below NMW, you can ask HMRC to investigate (unless grievance procedure sorts it).

Thank you all so much. Yes I think the fine would take the pay below the minimum but will check it out. It's awkward because DC, who is 18, wants to carry on working there. But we will press the teacher email and see what happens.

Appreciate your thoughts.

It's deducted from wages when paid in next.