Calling all legal eagles

Discussion in 'The Lounge' started by RexNoctis, Sep 9, 2005.

  1. RexNoctis

    RexNoctis Corporal

    Or anone who may help on this...

    If a bar person makes a mistake, is it legal to deduct that mistake from their wages? My GF cannot currently work as a nurse due to problems with her shoulder. As we are currently in the process of buying our first house, she has taken work as a barmaid.

    She has come home tonight, very upset because someone conned the pub out of the cost of their meal and drinks by saying they had already paid. My GF beleived them (trusting soul that she is :)) and gave them their card back. I know and she knows that she should have asked to see the receipt but in a frantic bar it's not always that easy.

    The management of the bar have said they are going to deduct it from her wages, which will come to about 5 hours work. I didn't think that was legal but I can't find an awful lot about it on the web. It's also about 1:30am here now. I'm going to have a word with the CAB in the morning.

    If anybody knows anything about employment law, I'd appreiciate some input.

    Cheers.

    PS - We know who it was, they used to run the pub up the road from us before it was shut down and apparently they have tried this before. I'm tempted to go do some damage now :mad:
     
  2. G.T.

    G.T. R.I.P February 4, 2007. You will be missed.

    AFAIK it is NOT legal for an employer to dock an employee for mistakes or accidents, period. But do check with the relevant authorities to make sure.
     
  3. Stubby

    Stubby R.I.P. (September 3, 1949 - January 26, 2011)

    G.T. is right, that is not legal...unless your GF signed a pre-employment contract giving the owers of the bar permission to deduct such instances from her check. Without her permission, they cannot legally deduct it.
     
  4. ANHEDONIC

    ANHEDONIC Will Title For Food

    I'm sure they can legally fire her though (worst case scenario)... are you currently residing in the U.S. Rex?
     
  5. laurieB

    laurieB MajorGeek

    go and see the person concerned and politely explain that this has been deducted out of you GF's pay check...
     
  6. Machiavel

    Machiavel Private E-2

    Or anone who may help on this...

    If a any person makes a mistake while at work, it is illegal to deduct monies from one earnings in lew of... Your GF could probably fight this ( legal costs are yours ) and win. Her work enviroment would most likely go from bad to worse. A bad day every day is the pits. I'd just bit the bullet, keep the job, get the house, and find a happier job as soon as I could

    Machiavel
     
  7. RexNoctis

    RexNoctis Corporal

    Thanks for the advice!

    It's all worked out well in the end. I did talk to the CAB which confirmed the advice given here, it is illegal to deduct monies without it being written into the contract of employment.

    As it turned out, the manager was having a bad day as well and took it out on my girlfriend. She went in today, the manager apologised and confirmed that nothing was being deducted. This was before either my girlfriend or I had a chance to speak with her.

    As I said, they do now know who it was, so they'll get what's coming to them.

    Thanks all!
     
  8. Darkside

    Darkside Private E-2

    I worked in a bar myself. This is very illegal. They aren't allowed to do that. :mad:
     

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