Employer deducting wages because of a mistake

Employer deducting wages because of a mistake

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zetec

Original Poster:

4,465 posts

250 months

Wednesday 1st August 2018
quotequote all
My eldest has a part time job at a rather famous theatre in London. She has been there a month or so and loves it, she is studying English at LSBU and loves the theatre, this is a dream little job for her.

Today we had numerous messages from her, it seems that on her shift yesterday she was bamboozled by 2 customers who each paid with a fake £50 notes. She remembers serving them and was open and honest when questioned about it.

She works in a kiosk that is just outside the theatre and is open to the public.

She is in bits, she loves this job. She has been told that she will have £50 deducted from her wages. This is only a part time job so, to her, £50 is a lot of money.

My question is, is this legal? When she gets home I will ask her to check her contract. This was an honest mistake, these 2 people knew what they were doing, my daughter said they were very friendly and chatty.

Integroo

11,574 posts

84 months

Wednesday 1st August 2018
quotequote all
See this:

https://www.gov.uk/understanding-your-pay/deductio...

In short: no, unless her contract says they can, with the caveats that (i) the deduction cannot reduce her pay below national minimum wage, and (ii) they cannot take more than 10% of her gross pay (but could spread it out over multiple pay packets).

zetec

Original Poster:

4,465 posts

250 months

Wednesday 1st August 2018
quotequote all
Thank you.

I will see if I can take a look at her contract. She is however quite ok with the money being taken as ‘it was my own stupid mistake, I can’t believe I have been so stupid’.


edc

9,231 posts

250 months

Wednesday 1st August 2018
quotequote all
zetec said:
Thank you.

I will see if I can take a look at her contract. She is however quite ok with the money being taken as ‘it was my own stupid mistake, I can’t believe I have been so stupid’.
Is there a procedure or training to identify or check bank notes? Did she follow it?

On a separate note McDonalds also used to do this when the tills didn't balance.

James_B

12,642 posts

256 months

Wednesday 1st August 2018
quotequote all
She probably has three choices here.

Accept the deduction, refuse and lose the job, or ask politely if they would be willing to overlook it this one time as she has learned from the mistake.

NDA

21,490 posts

224 months

Wednesday 1st August 2018
quotequote all
edc said:
Is there a procedure or training to identify or check bank notes? Did she follow it?
This is key.

I guess she won't want to make a fuss about it with her employers - but has she been specifically trained to recognise fake notes? I would imagine most people on here wouldn't know a good fake.

Or was she told to call a manager when £50 notes are being offered for payment?

Pothole

34,367 posts

281 months

Wednesday 1st August 2018
quotequote all
Disgusting behaviour from the employer. They should have policies and equipment in place to prevent this from happening. A simple marker pen would have saved stress and money for a cost of less than a pound. I'm sure your daughter won't want you to but I'd be arranging a meeting with the theatre manager.

Pothole

34,367 posts

281 months

Wednesday 1st August 2018
quotequote all
Disgusting behaviour from the employer. They should have policies and equipment in place to prevent this from happening. A simple marker pen would have saved stress and money for a cost of less than a pound. I'm sure your daughter won't want you to but I'd be arranging a meeting with the theatre manager.

soad

32,829 posts

175 months

Wednesday 1st August 2018
quotequote all
Not employee's fault, surely? Nobody gave me any training when I worked in retail.
Was specifically told to notify the supervisor/manager on duty (who made the final check/decision) though.
Pretty sure most supermarkets still do this?

InitialDave

11,856 posts

118 months

Wednesday 1st August 2018
quotequote all
I agree with this:
James_B said:
She probably has three choices here.

Accept the deduction, refuse and lose the job, or ask politely if they would be willing to overlook it this one time as she has learned from the mistake.
But also with this:
Pothole said:
Disgusting behaviour from the employer. They should have policies and equipment in place to prevent this from happening. A simple marker pen would have saved stress and money for a cost of less than a pound. I'm sure your daughter won't want you to but I'd be arranging a meeting with the theatre manager.
I think this could be a good "educational" moment for her, we've all had to learn what do do in those moments when you can either take the hit (unfair or not), diplomatically make your case, or simply throw your weight around. Advise her as you feel will best serve her overall.

It's a st way for them to run things, and no mistake.

Pothole

34,367 posts

281 months

creampuff

6,511 posts

142 months

Thursday 2nd August 2018
quotequote all
zetec said:
she loves this job.
Now that she knows more about the job and the nature of her employer, the job she thought she loves is not the job she actually has.

Illegal and unethical deduction from an entry level employee. Unless she really needs this job and there aren't any alternatives, I'd tell the employer to jam it up their backside even at the cost of being terminated on some made up reason later.

InitialDave said:
I think this could be a good "educational" moment for her, we've all had to learn what do do in those moments when you can either take the hit (unfair or not), diplomatically make your case, or simply throw your weight around. Advise her as you feel will best serve her overall.

Definitely this.

clockworks

5,293 posts

144 months

Thursday 2nd August 2018
quotequote all
I work part time in a supermarket petrol station. We haven't had training on how to spot fake notes. We used to have those yellow note checker pens, but they were taken away a year or so ago. We don't have a UV note checker.

Fortunately our employer doesn't do deductions from wages for fakes, drive-offs or till errors. The tills are shared throughout the day, and only balanced once a week, so there's no way of proving who was responsible for any errors.
The hours saved by not doing regular till balancing outweighs the actual losses. We used to spend the last 15 minutes of each shift cashing up, so wasting around 10 hours a week, and the tills were always within £30 of balancing over the week.

bad company

18,484 posts

265 months

Thursday 2nd August 2018
quotequote all
I wonder if the theatre know full well that they can’t deduct the money and just trying it on.

edc

9,231 posts

250 months

Thursday 2nd August 2018
quotequote all
bad company said:
I wonder if the theatre know full well that they can’t deduct the money and just trying it on.
That's probably the case and why I mentioned McDonalds. A few years ago my cousin who was 19 or so at the time and holding her first job had this happen to her. I'm sure there are managers who think they are acting in the interest of their company but are more likely bullying younger employees who know no better into acceptance.

zetec

Original Poster:

4,465 posts

250 months

Thursday 2nd August 2018
quotequote all
Thanks for all the replies, we spoke last night and she was adamant that this money would be paid back, wether in her contract or not, she knows she made a mistake and fair play to her, wants to make amends.

She said she has had no specific training on fake money, a pen is supplied and used but it was ineffective. The notes that were taken, were in her words ‘like Monopoly money, I can’t believe I have been so stupid’.

She works in an outside kiosk, not really possible to call a manager, her colleague had gone for a break when this happened. Lesson learnt, she has gone back to work today, it’s her choice what she does next.

I will make sure she isn’t out of pocket one way or another.

Just to add, this theatre is on the banks of the Thames and is associated with a rather famous playwright wink

Aphex

2,160 posts

199 months

Thursday 2nd August 2018
quotequote all
£50 for a life lesson isn't the worst thing in the world

steve2

1,771 posts

217 months

Thursday 2nd August 2018
quotequote all
Shame for her and well done dad for making sure she is not out of pocket, if I were her I would refuse to take 50s although I have taken 6 from a customer yesterday and have not checked them.
Must get a pen

zarjaz1991

3,471 posts

122 months

Thursday 2nd August 2018
quotequote all
Disgraceful bullying behaviour by an employer against young vulnerable employees.

In an ideal world she would quit immediately. It's the only way such employers will ever learn.

designforlife

3,734 posts

162 months

Thursday 2nd August 2018
quotequote all
Very admirable of her, however i feel she may be opening herself up to abuse by employer/s in future for her misplaced nobility.

If she hasn't been trained in how to spot fake notes, it isn't her fault...regardless of whether she feels responsible or not.