My sister works in her local McDonalds and has apparently recently taken in a counterfeit 拢20 note. There are notices around warning that they WILL deduct from wages but I'm unsure whether it would actually be legal for them to do so.
Firstly, i'm sure they must have some sort of insurance cover for this and with forgeries becoming more advanced and harder to spot surely they must expect a couple to 'slip through the net' every so often.
I could understand them deducting or holding back on pay if her till was consistantly short but I don't think accepting a fake note is entirely her fault.
I've heard that they can lawfully deduct from wages for theft by a customer (although I don't understand how) does this even constitute theft or is it fraud on the 'customers' behalf? (or is that the same thing?)
Would there be any legislation in England to say whether they can or can't do this or would it be down to the policy of the individual store? Thanks to all those who answered, she'll get paid in a couple of days so then we'll see if they really have deducted it or if they were just trying to scare her.
When she started they told her there have been a lot of dodgy notes about and so to be careful but apparently they haven't even told her WHAT she needs to be looking for. She said they've had a new machine installed to spot fakes but no-one's told her how to use it yet.
Considering the lack of training it would be ridiculous if they did deduct it whether it's legal for them to do so or not! This is another fine example of corporates backing away from their poorly paid staff.
If your sister acted in good faith, then I'd say that the BILLION dollar juggernaut that is the McFeastOnFat empire should take the hit. It becomes a police matter; one for the CCTV.
Sadly, McSteelFromTheirWorkers know they can hire million dollar lawyers to fight any 'point-of-law' case. Check her contract. If she signed saying that she agreed to this then it MAY be legal. The local manager can't just decide to do it to protect their profits.
Mind you they would have to prove who took the money.
It is probably in as a policy to stop workers colluding with their dodgy mates and slipping counterfeit notes and giving legit change back. The general rule is that an employer cannot make deductions from an employees pay unless the employee has agreed to the deduction in writing.
Employers can however make deductions from a retail workers pay to cover cash shortages provided the deduction is no more than 10% of gross pay on the pay day when the deduction is made.
If the shortage is more than 10% of gross pay the shortage has to be paid back in instalments each of which can be no more than 10% of gross pay per pay day.
The Employment Rights Act 1996 I think they may be with-in the law, PROVIDING they supply the necessary means, and training, for identifying the dodgy notes.
If there's nothing provided, other than personal eyesight, and knowledge, McDonalds are up the proverbial creek without a paddle.
As for deducting from wages for theft, they have to have some kind of proof, otherwise the employee can have them for theft.
Most decent solicitors will give you free advice on matters like this over the phone.
Hope I've been of some use. He has not GIVEN your sister written notice the fact he has pointed to some signs are irrelivant as she would need to have beeen supplied this in writing by her employer.
Retail work
If you do retail work (for example, if you work in a shop) you have extra protection. Your employer is not allowed to take more than 10 per cent of your gross wages from your take-home pay on any individual payday to make up the shortfall from a cash or stock shortage. If this isn't enough your employer can continue to take money from your wages on subsequent paydays, but not more than 10 per cent on a single payday. If you leave the job, your employer can take the full amount owed.
You can complain to an Employment Tribunal if your employer does not follow these rules.
What can be deducted from your pay?
Your employer is not allowed to make a deduction from your pay unless:
your contract says they can - and your employer has given you a written copy of the part of the contract which says so, or a written explanation of it, before making the deduction
it is required or authorised by law, such as income tax, national insurance or student loan repayments
you have agreed in writing to a deduction before the conduct takes place for which your employer proposes to make a deduction
If you were overpaid on a previous occasion then these rules do not apply. Your employer will often be allowed to recover the overpayment. You should speak to a lawyer, an Acas advisor (Labour Relations Agency in Northern Ireland) or a Citizens Advice Bureau advisor for more information about how and when you might be able to prevent your employer from taking back an overpayment.
Other situations where the rules don't apply include if you took part in industrial action or if a deduction is made under a court order. Whatever the situation, your employer must still comply with the terms of your contract.
If you haven't been paid at all, this counts as a deduction from your pay of all the pay due to you.
The right to protection from unauthorised deductions from pay covers anyone who is classed as a worker. 'Worker' has a specific legal meaning - check if you are unsure of you employment status.
What to do if you haven't been paid in full
If you haven't received your full pay (or any pay) try these simple steps:
Check your payslip to see if it tells you why you haven't been fully paid
Check your contract to see if there is anything that allows your employer to make deductions from your pay
Speak to your employer to see if you can sort the problem out with them
If you have an employee representative (for example, a trade union official) you can ask for their help.
If this doesn't work, you have the right to go to an Employment Tribunal to get your money. You can also try and reclaim money you've lost (including the extra losses caused by you not receiving the money on time, for example, bank charges) by making a breach of contract claim.
Leaving your job
If you are forced to resign as a result of your employer refusing to pay you, you might be able to make a constructive dismissal claim.
If you leave a job and serve an agreed notice period, you're still entitled to be paid in full. This includes any additional payments, such as holiday pay, that are covered in your contract of employment.
If during the notice period you are on maternity, paternity, parental or adoption leave, off work through illness or on holiday, or you're ready and willing to work but your employer provides you with none, you may still be entitled to a minimum level of pay.
Where to get help
The Advisory, Conciliation and Arbitration Service (Acas) offers free, confidential and impartial advice on all employment rights issues. You can call the Acas helpline on 08457 47 47 47 from 8.00 am to 6.00 pm Monday to Friday.
Acas (opens new window) The Labour Relations Agency (LRA) offers free, confidential and impartial advice on all employment rights issues for residents of Northern Ireland. You can contact the LRA on 028 9032 1442 from 9.00 am to 5.00 pm Monday to Friday.
Labour Relations Agency (opens new window) Your local Citizens Advice Bureau (CAB) can provide free and impartial advice. You can find your local CAB office in the phone book or online.
Rules when a standing statement of fixed deductions is used
It must be in writing.
It must state for each item deducted:
the amount;
the intervals at which the deduction is made;
the purpose or description, for example trade union subscription.
It must be given to the employee at or before the time of issuing any pay statement which quotes the total figure of fixed deductions.
It must be re-issued at intervals no longer than 12 months, incorporating any amendments.
Changes in fixed deduction statements
If there is any change at all which affects an employee鈥檚 fixed deductions, the employer must give the employee either:
a written notification of the details of the change; or
an amended standing statement of fixed deductions, which is then valid for up to 12 months before re-issue.
Dismissal for seeking to enforce the right to an itemised pay statement
Dismissal of an employee for seeking to enforce the rights described in this document, either by making a reference to an employment tribunal or by alleging that the employer has infringed those rights, is unlawful. An employee dismissed in these circumstances is entitled to make a complaint of unfair dismissal to an employment tribunal, regardless of length of service. This applies whether or not the employee did in fact qualify for the rights in question and whether or not they had in fact been infringed, provided that he or she acted in good faith. A complaint of unfair dismissal must normally be made within three months of the date on which the employee鈥檚 employment ends |
