Filling station cashier deducted money from wages

Fortyfoot

A relative of mine is a cashier at a filling station. Recently two customers absconded without paying for their fuel. The employer deducted the cost of the fuel from his wages, amounting to about £200.

Is this legal, can he claim it back, if so is there any guidance on this.

Thanks,

Fortyfoot

SailorSam

I've heard of this happening in the past if the till didn't balance at the end of the day.
Does your relative have a contract of employment, what does it say in there.

vax2002

Time for a new Job.

vax2002

I would be very surprised if any court in this land would not deem a contract unfair that stipulated an employee is financially responsible for the criminality of a third party.

Fortyfoot

SailorSam wrote: »

I've heard of this happening in the past if the till didn't balance at the end of the day.
Does your relative have a contract of employment, what does it say in there.

I will ask later today. He has worked at the garage for a few years.

Fortyfoot

Fortyfoot

vax2002 wrote: »

Time for a new Job.

They are few and far between round where he lives.

Fortyfoot

Fortyfoot

vax2002 wrote: »

I would be very surprised if any court in this land would not deem a contract unfair that stipulated an employee is financially responsible for the criminality of a third party.

My thoughts entirely, what can he do when in a secure kiosk if they fill up and drive off.

Fortyfoot

SailorSam

I think years ago when i was told by cashier he had to top up the till at the end of the night, drive off thefts were unheard of and garages all small and privately owned. So the idea behind making the staff cough up any shortage in the till was to stop them filling up their own cars then trying to say the till was short.
Bit different now most garages seem to be owned by the big supermarkets and there are cameras all over the place. Even in the middle of the night the cashiers couldn't fill their own cars without being seen, so it seems unfair they should be responsible for drive-off theft.

Fortyfoot

SailorSam wrote: »

Does your relative have a contract of employment, what does it say in there.

No he does not have a contract of employment.

Fortyfoot

vax2002

If both cars were pushed in empty, the bill would not be £200.
He has two choices, put up with it and hope its less next month or make a stand, claim the money back and start looking for a new job.

Raksha

This used to be common practise before the days of CCTV to 'encourage' the cashier to be more aware. I've been in this position, and was able to give the licence plate number of a Jaguar owner who didn't bargain with a female cashier knowing Jags had 2 tanks - so he filled up one, came in and paid, then filled up the second and drove off.
Some time after I stopped working, the law was changed and 'unauthorised deductions' were made unlawful - however, most petrol stations got around this by including something in the employees contract. However - this may still be illegal if the amount deducted reduces the wage beyond the minimum wage. I am sure somebody will be along with the specific law I'm talking about.