We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Pizza Delivery £3.33 p.h and has to pay own petrol!

Hi
Hope someone can give me some advice! My 18 year old son has recently been standing in for a friend doing a Pizza Delivery job on his motorbike. It is as required hours only and has no employment contract. They have only been paying him £3.33 per hour (plus tips if he gets any!) but he is expected to pay his own petrol with that!. He is at Sixth Form studying for A Levels so was grateful for a little cash but the shifts are 4pm-3am so 11 hours.
Am I correct in believing that they should have been paying £4.98 per hour plus fuel/mileage?
To make matters worse last night whilst delivering he had an accident on the icy roads and sustained damage to his bike which is probably going to cost £100-£200 to repair. Luckily he has all the right gear clothing wise and only has a sore arm physically. He could only afford Third Party insurance on his bike so will have to pay for the repairs himself which means working has actually cost him money.
The attitude of the staff when he reported the accident after limping back there at 10 miles per hour on a damaged bike was appalling. They basically told him to go home & not to bother coming back & only paid him £10 to cover the 3 hours he'd done - they didn't even have the grace to pay him for the shift even though he'd injured himself working for them!.
Should they not have provided him with insurance whilst out delivering?
What rights does he have, if any? I'm determined to get them to pay for his repairs at least! What about backpay for not paying the minimum wage? The others in the shop also get paid £3.33 and is all cash in hand which sounds a bit dodgy to me. They also block the fire door with sacks of flour etc... I could go on!
Start by doing what's necessary, then what's possible, and suddenly you are doing the impossible.
«1

Comments

  • mcjordi
    mcjordi Posts: 4,238 Forumite
    Part of the Furniture Combo Breaker
    sounds like most pizza shops i know.. 90% of the staff are cash in hand..
    Sealed pot challenger # 10
    1v100 £15/300
  • geri1965_2
    geri1965_2 Posts: 8,736 Forumite
    Report them, this is against the law.
  • hcb42
    hcb42 Posts: 5,962 Forumite
    while it would be best to not continue working for them, I dont think them repairing for the actual bike is the route I would go down. THey are not obliged to pay for his bike. Pursue wages etc
  • corbyboy
    corbyboy Posts: 1,169 Forumite
    Part of the Furniture
    This is obviously illegal, but did he not ask what the pay was before he took the job?
  • LittleVoice
    LittleVoice Posts: 8,974 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    He could be counted as self-employed and therefore not subject to NMW requirements.
    Unfortunately he might also have needed "business use" on the bike insurance: if it's not their bike, they are not responsible for insuring it.

    Report the blocked fire door.
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    geri1965 wrote: »
    Report them, this is against the law.
    What law? It sounds like he is self employed providing his own materials (the bike) and is taking on the risk that there isn't enough work. As he is self employed then minimum wages do not apply.

    Most delivery workers of take aways are taken on like this. It appears to be cash in hand but the delivery worker technically is responsible for registering as self employed with HMRC and paying the tax on the income and also for insuring the bike with business insurance. It's not worth it.

    I'd report the business to the council for breaching fire safety regulations. They'll come out and do an inspection and give them warnings. If they don't fix them they can close the business down until they do so.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • Thanks for replies!

    Who do I report them to (for below minimum wage I assume) and was it their responsibility to insure him?

    He didn't question the wage because he didn't actually go for the job - it was his friend's job and he had just agreed to stand in on the odd night his friend couldn't do it to cover sickness etc - it just helped his friend keep his job rather than let them down if he couldn't make it.
    Start by doing what's necessary, then what's possible, and suddenly you are doing the impossible.
  • terryw
    terryw Posts: 4,396 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    Really sorry about the situation.

    Most delivery drivers are "self-employed" and so NMW does not come into it. They are usually paid so much per delivery as well as the notional contribution towards petrol and running costs.

    The insurance is the driver's responsibility and it necessary to have proper business insurance - the police regularly check delivery drivers.
    "If you can bear to hear the truth you've spoken
    Twisted by knaves to make a trap for fools"
    Extract from "If" by Rudyard Kipling
  • Sorry crossed posts whilst I was replying!
    Start by doing what's necessary, then what's possible, and suddenly you are doing the impossible.
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    Thanks for replies!

    Who do I report them to (for below minimum wage I assume) and was it their responsibility to insure him?

    He didn't question the wage because he didn't actually go for the job - it was his friend's job and he had just agreed to stand in on the odd night his friend couldn't do it to cover sickness etc - it just helped his friend keep his job rather than let them down if he couldn't make it.
    Even more evidence that he is self employed. Replacing one self with another to complete the work. A definite factor in self employment. No chance of recovering minimum wages. Sorry. Either he chooses to do the work for the pay or he declines the work.

    It is not their responsibility to insure him.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.3K Banking & Borrowing
  • 253.6K Reduce Debt & Boost Income
  • 454.3K Spending & Discounts
  • 245.3K Work, Benefits & Business
  • 601.1K Mortgages, Homes & Bills
  • 177.6K Life & Family
  • 259.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.