Docking pay at work for till discrepancies?

meeshpeesh

My friend works for a chain restaurant as a cashier. She just rang me after a staff meeting saying that they are enforcing the policy of docking any till discrepancies incurred on the shift from that employees pay. Anyone who works with tills will know that there will be ups and downs in the tills occassionally and that it is not always within the control of the cashier.

Are the company legally allowed to do this? She can't afford to have money taken out of her wages is quite worried. She even requested that they move her from the tills to another area of the restaurant but they refused.

I haven't been able to find anything on the internet about this so if anyone knows more about it or has links to websites that can help it would be much appreciated.

Thanks.

ferien_uk2011

Is it just her or others as well?

And does she have her own till or do other people use the same one?

meeshpeesh

It counts for all employees.

Everytime I've been there they swipe a card to sort of log in by the looks of it but it doesn't look like its just one person to a till.

Nephthys50

Unless she has agreed to the deductions by signing something to that effect it would be unlawful to deduct anything.

http://www.emplaw.co.uk/lawguide?startpage=data/098001.htm

If she has signed something and the deduction took her below minimum wage that would also be unlawful.

If she is on minimum wage then this is a complete non-starter.

LittleVoice

meeshpeesh wrote: »

My friend works for a chain restaurant as a cashier. She just rang me after a staff meeting saying that they are enforcing the policy of docking any till discrepancies incurred on the shift from that employees pay. Anyone who works with tills will know that there will be ups and downs in the tills occassionally and that it is not always within the control of the cashier.

Are the company legally allowed to do this? She can't afford to have money taken out of her wages is quite worried. She even requested that they move her from the tills to another area of the restaurant but they refused.

I haven't been able to find anything on the internet about this so if anyone knows more about it or has links to websites that can help it would be much appreciated.

Thanks.

When she says "they are enforcing the policy", does she mean that there has been a policy in place for some time but that up until now they have not been enforcing it?

If it existed before the staff meeting it could well be a condition of her employment - perhaps included in a contractual part of the the staff handbook.

However, if cashiers do not have their own float or a checking process to hand over from one to another, then it does not seem reasonable to expect any one member of staff to make up any part of a shortfall.

If shortfalls were to be made up, what happens to overages?

Would it impact on paying NMW?

meeshpeesh

LittleVoice wrote: »

When she says "they are enforcing the policy", does she mean that there has been a policy in place for some time but that up until now they have not been enforcing it?

If it existed before the staff meeting it could well be a condition of her employment - perhaps included in a contractual part of the the staff handbook.

However, if cashiers do not have their own float or a checking process to hand over from one to another, then it does not seem reasonable to expect any one member of staff to make up any part of a shortfall.

If shortfalls were to be made up, what happens to overages?

Would it impact on paying NMW?

She said that it was in the employee handbook that they were given when they started so it may be part of her contract. So I'm guessing that they haven't been that strict on it in her branch but recent incidents have made them decide to bring it back. I asked her what happens if they are over in their till and she said it goes towards making up for the losses in tills. Doubt if that will continue if thats being covered from the employees wages.

Nephthys50

Is she on minimum wage?

There are also tax implications.

pinkstarsx

One of my friends spoke to the CAB i think about something very similar in her job.
They advised her deductions can be made to your wage as long as you're taking home above the minimum wage (otherwise that's illeagal) and that even if you don't sign to confirm the deduction (say if you disagree), the employer can still take it from you as it is legal. Also there isn't a limit to what can be taken (as long as it doesn't take you under the minimum wage).
I'm sure it has to be underwritten in her contract for them to do it, but you said you think it is anyway.

It's a cruel world!

Sharon87

pinkstarsx wrote: »

One of my friends spoke to the CAB i think about something very similar in her job.
They advised her deductions can be made to your wage as long as you're taking home above the minimum wage (otherwise that's illeagal) and that even if you don't sign to confirm the deduction (say if you disagree), the employer can still take it from you as it is legal. Also there isn't a limit to what can be taken (as long as it doesn't take you under the minimum wage).
I'm sure it has to be underwritten in her contract for them to do it, but you said you think it is anyway.

It's a cruel world!

So Vue cinemas are illegally doing this then. All till staff are on minimum wage and if your till is down by more than £3 they take it off your wages after a 'hearing' to establish whether it's your fault or other people had access to your till. You're given a float that you count with the managers and then count at the end of the day with your managers. I had some overs/unders (also get hearing for overs, but no deductions obviously) but never got any taken off as I argued my case (lack of break, money drops not being made so had obscene amounts of money in my till for example), but others did have money taken off.

It showed on payslips in deduction where tax and NI come off.

pinkstarsx

Sharon87 wrote: »

So Vue cinemas are illegally doing this then. All till staff are on minimum wage and if your till is down by more than £3 they take it off your wages after a 'hearing' to establish whether it's your fault or other people had access to your till. You're given a float that you count with the managers and then count at the end of the day with your managers. I had some overs/unders (also get hearing for overs, but no deductions obviously) but never got any taken off as I argued my case (lack of break, money drops not being made so had obscene amounts of money in my till for example), but others did have money taken off.

It showed on payslips in deduction where tax and NI come off.

I made a mistake - i'm positive it was actually ACAS she spoke to!

That's what she was advised, i was with her when she made the phone call. Deductions can't be made if it takes your wages below minimum wage.

getmore4less

even if over NMW there are limit on deductions.

need a good read and a google followup

http://www.legislation.gov.uk/ukpga/1996/18/part/II/crossheading/cash-shortages-and-stock-deficiencies-in-retail-employment