Please or to access all these features

Add post

Watch this thread

Save thread

Start a new thread

Flip thread

Hide thread

My feed

Active Unanswered threads

Getting started FAQ's

Unanswered threads Acronyms Talk guidelines

Hide shortcut buttons

Talk

Work

Chat with other users about all things related to working life on our Work forum.

Flip

Original poster

16 year old DD not revived wages

21 replies

AngelsWithSilverWings · 02/12/2024 10:33

My DD16 has a weekend job at a large cafe at a tourist attraction.

It is zero hours but she has never signed a contract of any kind and neither have any of the other young people who work there. No payslips have ever been issued which I have always found strange.

The owner fires people for the slightest thing but until recently has said that DD works well and told her she is good at her job.

His attitude to her changed when she mentioned that the milk he had set out for making milkshakes was two days out of date and that it was off. He took great offence and his attitude towards her has been awful ever since. She was ordered to carry on using the milk for the milkshakes.

Over the last month she has worked 16 hours a week apart from one day when her shift was cancelled due to bad weather.

Saturday was pay day. All the other girls got their money in their bank account by bank transfer but Dd didn't.

Apparently during the day the cafe owner told my DD he didn't think she deserved to be paid and asked her if she thought she deserved to be paid.

She took it as another of his nasty comments that he makes to the staff when he is in a bad mood. Many staff have walked out due to his bullying but DD is quite a tough cookie and brushes it off as a joke usually. Two people apparently resigned yesterday including the shift supervisor because his mood on Saturday was so toxic and they have had enough. DD assumed he was preparing to sack her but yesterday he sent the shifts for December and she has been given extra shifts including Xmas Eve and Boxing Day which fall on days she wouldn't usually work.

So as of this morning she still hasn't been paid for the hours she has worked.

As she is only 16 , has only worked there since end of July and has no contract or payslips or even a formal time sheet , plus the fact the shift supervisor who collates all the working hours has resigned , what can we do to prove this money is due to her?

OP posts:

Octavia64 · 02/12/2024 10:36

This happened to my DS.

He resigned and we wrote an email threatening to sue them for his wages

In practice you do not need a written contract to demonstrate that she worked there.

There's witnesses - the other staff. Possibly there are phone texts and messages as well?

Original poster

AngelsWithSilverWings · 02/12/2024 10:52

She does have WhatsApp messages from the shift supervisor. Bit the owner is such a puce of work he will probably ignore the evidence.

There seems to have been a dispute brewing btw the shift supervisor and the owner because he announced a couple of weeks ago that he was taking over the managing of the shifts from the supervisor.

DD had an agreement made over WhatsApp that she would work every Friday on top of her rota shifts even though this was never reflected on the rota a for some reason. They knew she was always due to work on a Friday because they phoned on a couple of occasions to cancel her shift due to bad weather.

Last Friday she turned up and the shift supervisor had a go at her for turning up when she wasn't on the rota. DD was confused by that but offered to go home but they said she may as well stay now. Later in the day she was told it was lucky she has come in as she was very much needed.

I really want her to leave this job. She has a history of mental health issues plus a chronic health condition and I'm worried the stress will cause her illness to flare up or her mental health to decline.

OP posts:

Changed18 · 02/12/2024 10:57

As suggested above leave with immediate effect, threaten to take action for wages. At a minimum refuse to go back till she’s been paid. Will be an empowering experience for her and a reality check for him. Is she down by a week’s money or a month?

Original poster

AngelsWithSilverWings · 02/12/2024 10:58

It's a whole month

OP posts:

Changed18 · 02/12/2024 11:01

So I’d refuse to go back to work till paid in the first instance. Once paid, she can just resign. He sounds like a really bad employer.

ARichtGoodDram · 02/12/2024 11:07

She needs to start the trail - message now stating that her wages are not in and when can she expect them?

And tbh at that point I'd then step in if needed with her health and make it clear we'd take it as far as small claims court if necessary until she gets her money

LittleRedRidingHoody · 02/12/2024 11:07

I'd resign, and make it clear she's not entering a debate about getting paid - he pays X amount by X date, or there will be legal consequences.

I'd also, after she's left, complain to Food Standards Agency ~ there'll be a local link on the website ~ as I'm sure they'd like to pay the cafe an unannounced visit....

Original poster

AngelsWithSilverWings · 02/12/2024 11:08

We were warned he could be "tricky" when she fit the job. He mainly employs 16 year olds and as the busy time is summer he tends to only keep the 16 years olds on the winter rota as they are cheap to employ.

The attraction is actually owned and managed by the City Council but he has the contract to run the catering service. I'm wondering if contacting the council may be an idea if we can't resolve it amicably with him.

She has been applying for other jobs but many places want 18 year olds. She wants to stick it out as long as she can as she enjoys earning her own money.

OP posts:

RabbitsEatPancakes · 02/12/2024 11:13

She needs to email saying I've worked these shifts on x dates for x hours and am owed £x. Be polite and just act as though it's all a mistake and she's just been missed off payroll. Ask for confirmation of the payment before her next shift.
If he's just fired 2 people then he'll probably be more likely to want to keep her on.
Also teach her best before dates don't mean food goes bad immediately. Milk often last days past the dates if stored correctly and unopened.

Original poster

AngelsWithSilverWings · 02/12/2024 11:17

Yes I'm thinking text him and if he hasn't rectified by close of business Wednesday I will contact him and ask to discuss. I'll go in there if necessary. I I will happily use the small claims court - I've done it before and got a settlement before the court date. I'll keep the food standard stuff in my back pocket for now!

I am good friends with a few City councillors from the various political parties as I'm involved in local politics. I may be able to do some digging on when his contract is up for renewal. I'm quite close to our local MP too as I helped with his election campaign.

This cafe is contained within the most important tourist attraction in our City.

He may have picked on the wrong 16 year old this time.

OP posts:

YourSnugHazelTraybake · 02/12/2024 11:18

RabbitsEatPancakes · 02/12/2024 11:13

Yeah, not in a business catering to the public!! You can use what you want at home, public serving are breaching food hygiene standards using ood stock.

BookGoblin · 02/12/2024 11:22

Have ChatGPT write a solicitor style letter demanding immediate payment and then report him to HMRC

DogInATent · 02/12/2024 11:22

With this sort of attitude they're unlikely to be paying any tax or NI for the staff, and are probably playing a bit fast and loose elsewhere. I'd let HMRC know.. (you don't have to give your details, it can be anonymous)

https://www.gov.uk/report-tax-fraud

BookGoblin · 02/12/2024 11:23

Oh and get your DD out of there. This kind of bullying could escalate to physical or other types of assault

pinkroses79 · 02/12/2024 11:24

He has done so many things wrong that I would be making things very difficult for him if he doesn't pay up! Even if he does, there should be pay slips. I would advise her to ask again for her wages, but if she didn't get them then then I would probably step in instead as she is only 16 and he probably thinks he can walk all over her. Also, I would demand the pay slips. And maybe she can look for a better job - my son is 16 and works 12 hours in a supermarket at £12ph - treated the same as everyone else and no dodgy behaviour.

Original poster

AngelsWithSilverWings · 02/12/2024 11:39

Re the milk issue. She is nightmare about use by and sell by dates so I didn't think much about it when she told me about the discussion she had had about the milk until my friend who manages a cafe told me it's a massive breach to serve customers out of date milk.

OP posts:

LaurieFairyCake · 02/12/2024 14:24

She should say "I would love to work the extra shifts of Christmas Eve and Boxing Day, I will rearrange with my family that I can do them once I've had this months wages paid"

Then once received the wages, don't go back

Coolblur · 02/12/2024 14:30

Even if he does pay up, I'd report him to the council who owns the attraction for the breaches of employment law and health and safety to protect other employees, the paying public, and the town's reputation.
This is a good lesson for your DD to learn; to never let anyone take the piss out of her.

Original poster

AngelsWithSilverWings · 03/12/2024 13:05

Thanks all for your advice. She messaged him yesterday morning and finally at 11pm lat night he sent her a message saying "all paid , don't know why there was a problem" . I think he was playing games and was on some sort of power trip. Four days late paying her is so out of order.

She has checked her bank account this morning and the money is there now thank goodness.

She's going to stay there as long as she can stand it while she applies for other jobs as she doesn't want to give up the money.

OP posts:

Changed18 · 03/12/2024 13:20

Result!

ByQuaintAzureWasp · 03/12/2024 14:53

She only has three months to submit a claim for no -payment of wages. I would write (email is fine) stating dares/hours worked and money owed and ask him to pay it by x (give 7 days). If he doesn't respond tell him you are going to ACAS to get her money.
Once you lodge a complaint with acas for non payment of wages he will pay. It's illegal for him not to have provided a written statement if particulars BTW.

Flip