15 Year old neice paid 40p per hour HELP PLEASE :)

[MRSWESTHAM]

Im hoping you can help

 

My neice got a job in the holidays(in local shop) she was due to pick up £50 odd pounds today. Was given a pay packet with £6 in and told she had made a mistake on the till of £47 and that was being deducted.

 

She was NEVER told this until today. Needless to say i have the right nark and think this must be illegal?

 

Any hel guys ?

[Tawnyowl]

Am looking for info now.Will get to the bottom of this.It would nark me to.Just found this but am still looking. There are particular additional rules for shop-workers which make it unlawful for an employer to deduct more than 10% from the gross wages of a shop-worker, if the deduction is for stock shortages or cash shortages.Also says check contract of employment,i dont suppose your niece has one has she.Back soon.

[Tawnyowl]

http://www.adviceguide.org.uk/e_employer_witholds_your_pay.pdf maybe contact them,still looking

[MRSWESTHAM]

thanks so much for that, unfortunately she didnt have a contract

[Tawnyowl]

Thought id better check the age thing.Has the employer applied for a permit.

During school holidays 15- 16 year olds may work a maximum of 35 hours per week, of which:

• a maximum of eight hours on weekdays and Saturdays
  
• a maximum of two hours on Sunday
  
• You do not need a work permit for work experience that your school arranges for you. If you are subsequently offered a part-time employment you will require a work permit.During school holidays 15- 16 year olds may work a maximum of 35 hours per week, of which:
  
  • a maximum of eight hours on weekdays and Saturdays
    
  • a maximum of two hours on Sunday
    
  • You do not need a work permit for work experience that your school arranges for you. If you are subsequently offered a part-time employment you will require a work permit.
    

  Work permits

  If you are under mandatory school leaving age, for whatever type of work you want to do, you will require a work permit. These are issued by your local authority and it is the responsibility of your employer to apply for a child employment permit.

[Tawnyowl]

Just found this written some time ago by bookworm.It is coming more clear that this seems to be a mistake at the minimum by your nieces employer.Maybe they need telling the BIG mistake they have made,grrrrrr

 

Have a look at this:

 

Special Rules For Retail Workers

 

There are special rules relating to cash shortages or stock deficiencies for people working in retail employment (shop workers, bar staff etc.). If you are involved in selling or supplying goods to the public or fellow workers, or receiving money in this capacity, these rules apply to you. They apply even if you only do so on odd occasions, or are not directly involved in the sale or supply of goods, but handle money. For example, a cashier working in a staff canteen could be covered by these rules.

Maximum deductions for retail workers

If your employer has reached agreement with you, either in writing or in your contract, that a deduction can be made for shortages, then s/he must: -

• notify you in writing of the total amount owed before taking any money.
  
• make a demand in writing for payment on a pay day.
  
• any demand must not exceed 10% of the gross amount of that pay packet because of shortages, although similar deductions can be made from future pay packets. (Note: the 10% restriction does not apply to deductions from a final pay packet).
  
• make any such deductions within twelve months of discovering the shortages.
  

What does this mean in practice?

If you are a shop worker selling goods, and your contract of employment allows your employer to recover till cash shortfalls, then your employer must first let you know of the shortfall and the full amount owing. The maximum your employer can take from one pay packet is 10% of your gross pay (i.e before Income Tax and National Insurance). For example, if there is a shortfall of £50, and your employer pays you £100 per week, the maximum s/he can take from your weekly salary is £10, until the shortfall is repaid (ie. in this example it would take five weeks for you to repay the shortfall to your employer).

NB: If you leave your job, and a shortfall is owed the 10% rule does NOT apply.

__________________

[Tawnyowl]

Note the, IN WRITING warning as theres no contract.Is your niece still working there.

[MRSWESTHAM]

I have written the following and am going to send it recorded tomorrow....

 

Dear Mrs .....

 

Please accet this as a formal complaint.

 

I am writing with regards my daughter XXXXXXXXX I have been advised you have witheld the majority of her wages due to an error whilst she was employed by you to operate the till system within your organisation.

 

I have some serious concerns regarding this and would lik to assertain whether you hold a valid work permit for my daughter and if so please provide me with a true copy.

 

If you add what my daughter was paid for the hours she worked it would equate to 40 pence per hour, which I am sure you are aware is illegal.

 

Most importantly witholding wages due to a cash/credit card error is regulated and the law states you provide a WRITTEN explanation before you deduct any monies owed for wages. You have not adhered to this. It also states the following:

There are additional rules for retail workers. Retail workers work in jobs that involve taking money for an employer in exchange for goods or services. Retail workers include people who work, for example, in a shop, petrol station, bank or building society, as a waiter, a bus conductor or a car park attendant.

If there is a cash shortage or missing stock due, for example, to theft by a worker or customer, your employer is allowed to make a deduction from your wages under certain circumstances. Your employer must make the deduction within a year of discovering the shortage, and must explain the reasons for the deduction to you in writing. The deduction cannot be more than 10% of your gross pay (that is, your pay before tax has been deducted), on any single pay day. If there is a larger amount to be repaid, your employer can carry the balance over until your next pay day, but can never deduct more than 10% on each pay day. They can continue to do this until the full amount has been

I now request you reimburse my daughter with all monies owed with the next 7 days. Should this not be resolved within the timescale stated above, I will have no hesitation in reporting you to the appropriate authorities.

Please also note I shall correspond with you only in WRITING regarding this matter and will not accept telephone calls or personal visits to my house from anyone associated with your business.

I look forward to hearing from you.

xxxxx

[MRSWESTHAM]

obviously i didnt put kisses !!!! its my sisters name .

 

Thanks so much for your help, i was temted to go in all guns blazing but had my sensible head on...must be getting old

 

Thanks again x

[Tawnyowl]

I must admit my first thought was all guns blazing,but im knocking on a bit myself.Though at one time would have scorched a path to the shop and sorted it.But that isnt the way to go even if it has worked before.Different world now.On a street where we lived arguments were settled by this attitude--We dont need solicitors,meet me on the street in 30 mins and will sort this out the old way.And then everything returned to normal.SORRY for going on a bit you have written a fantastic letter and i do hope everything works out and returns to normal.Best wishes Tawnyowl.

[MRSWESTHAM]

Yep and i bet the arguments were sorted out without knives and guns too Never mind il let you know how i get on Thanks agin Tawny x

[Tawnyowl]

Time to put my slippers on and have a cup of tea.My blood pressure raised when i read your post.

[MRSWESTHAM]

lol trust me i thnk my eyes even went red when i heard ! My sister is a bit of a "oh well there aint nothing we can do" person... unfortunately or fortunatly i am the complete opposite

[BeauBrummie]

Just a thought on the work permit-----there cannot be one in existance because you would know about it as it is required to be signed by 1) Local Council, 2) Your Neices' place of education 3) And most importantly the parent or guardian.

 

Beau

[Rooster-UK]

Give 'em some 'ammer, Mrs W.

Let us know the outcome.

[MRSWESTHAM]

No Word As Yet But Rust Me The Ammer Will Be Coming Out If I Dont Get A Reply By Next Week !!!

[Tawnyowl]

Rust Me The Ammer:eek:everything will work out, i am sure. I know you are only joking Its just a case of waiting now. Is your niece still working there.

[MRSWESTHAM]

No Chance Id Rather Give Her The Money Lol

[rickyd]

Its amazing how much damage word of mouth can do to a local shop, just keep that in mind if you don't get satisfaction.

 

If you do consider this be careful to restrict your comments to provable facts only!

[orfoster]

I am shocked by your post!

 

I can't believe they would do this to a young girl keen to work during the holidays! There are many who aren't so keen.

 

You clearly have our support on the issue.

 

How long did she work there? Have a quick look on the ACAS website and look up contracts of employment. A contract doesn't have to be in writing.

 

I would love to see their attitude in a court room defending their actions. People make mistakes and its all about learning!!! The rules are clear above regarding shop workers.

 

Go get em.

[MRSWESTHAM]

Hi Thank you for your support

 

Tommorow is judgement day.....

 

So far we have had mobile calls from the shop ...(see above letter!)

 

Nothing in writing and no post tomorrow as its Sunday.

 

The plan is to call my friend that happens to be a journalist in the local paper

[Tawnyowl]

Any news Mrs Westham,

[texanbar]

Here here, just through 'conduct of duties' can constitute a contract.

Keep us posted Mrs W

 

x:)x

[taz_in_2001]

Any news ?