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Unpaid Wages

Hello,
Hopefully someone can help me with this...please bare with me whilst I tell the story!

I managed to get a part-time job at my local starbucks franchise store in November, and the manager asked me to start the following Monday. In the interview he mentioned that if I were to get the job, I would have to undertake two weeks of training, which he indicated would be at another store - like all the current staff had undertaken. Therefore, if I were to leave the role within the first six months, I would have to repay the costs of this two weeks of training out of my wages. I agreed to this verbally.

I commenced work on the Monday and was immediately required to start stocking shelves with food items (no health&safety/food hygeine training provided) as well as serving customers later in the shift. During this 8 hour shift, the manager informed me that there was a training folder for me to work through in the back office and he said I would be able to 'do an hour or two each shift'. This training pack included various topics, often asking me to refer to manuals/handout sheets which were not provided.

At the end of my first shift, the manager informed me that he would be going on holiday the following day and would return in a week.
Over the next three shifts I managed to do an hour or so of work in my training pack, however most of the time I was serving customers and doing general duties.

The way my 'training' (or lack of) had been conducted was a shock to me and I didnt find any of my colleagues very helpful - one even saying "i cant be bothered to show you anything".

On the Sunday (my fifth shift) I decided that the job was not going how I had been made to believe it would be conducted, and therefore I left the job. I had not signed any contract or agreement of the time.

The manager was still on holiday, so I informed the shift supervisor of my shift. Two weeks later, the manager called me to discuss my leaving, and I informed him that I felt the training and attitude of the colleagues were not to the standard I was made to believe it would be. He understood and said he would disucss with head office to arrange my payment.

For nearly a month, I did not hear anything from the store, manager or the company, despite numerous emails, text messages and visits.
I sent one final email last week informing them that if I did not hear anything from the store manager by today (wednesday) I would be contacting the head office of the company directly to deal with them.

I have recieved an email from the store manager today informing me that as I left the role within the first six months of employment, I was required to pay back the training costs and therefore I would not be getting paid for any of my shifts.

I have responded stating that I was under the impression that training costs would only be required if I were to recieve training in another store, and that I actually did not recieve four full shifts of training. In addition, as I had not signed anything to agree to this, I feel I am still owed the money.

Can anyone help me with this? It is only £180 I am owed (I was on minimum wage) which isnt a huge amount, but out of principle I believe I am owed some money for the shifts I did work for them.
Where do I stand legally on this? What would you suggest I do next?
Thank you for your help!!

jadeypops24

Comments

  • missmontana
    missmontana Posts: 1,994 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Contact ACAS and your local CAB, they are very helpful.
    Be who you are, say what you feel, those who mind don't matter, those who matter don't mind.
    They say that talking to yourself is a sign of mental illness. So I talk to the cats instead.
  • Notmyrealname
    Notmyrealname Posts: 4,003 Forumite
    Did you work a notice period or did you just decide not to go in anymore? If you did not work the notice, you are in breach of contract and they can sue you for costs arising such as temporary staff.

    You were extremely stupid to walk off the job whilst the manager was on holiday. Yes its not ideal but it is Starbucks !!!!!! - it hardly requires the ability of a brain surgeon. Also you were there just 5 days - were you expecting the other staff to be best buddies in that amount of time? To them you are a stranger and it takes time to build up a rapport.
  • Did you work a notice period or did you just decide not to go in anymore? If you did not work the notice, you are in breach of contract and they can sue you for costs arising such as temporary staff.

    You were extremely stupid to walk off the job whilst the manager was on holiday. Yes its not ideal but it is Starbucks !!!!!! - it hardly requires the ability of a brain surgeon. Also you were there just 5 days - were you expecting the other staff to be best buddies in that amount of time? To them you are a stranger and it takes time to build up a rapport.

    Ouch...harsh notmyrealname!!

    To the OP,

    The worst they can do is sue you for breach of contract... BUT THEY WON'T!! It would be far too costly and time consuming and starbucks HR will be aware that they would probably lose at tribunal. Not that it would ever get to a tribunal. You started a job which wasn't for you and left again. Simple fact of life/business.

    So... contact ACAS who will act as intermediary if necessary. They will direct you to the correct templates etc to use for contacting your former employers regarding the witholding of wages owed.Witholding your wages is illegal and also totally separate to the fact that your supposedly broke your 'contract' with them. They have to pay up for what you are owed (plus holiday!):D

    Don't worry, you are entited to pay but you may have to squeeze it out of them!
    :beer:
  • SarEl
    SarEl Posts: 5,683 Forumite
    A deduction/ cost levied for training must also be a written agreement - in this case, unlike some other deductions, the law requires a written agreement.
  • You said it's a franchise? Then report them to Starbucks Head Office and tell them they were making you used the equipment without proper training - I am sure they'd love to know. Did you have a contract stating what the notice period was? Or have anything in writing about the training costs? It's not liek they are really paying for the training as it's all on the job. What they are bascially doing I guess is stopping your wages for the so called time you aren't working whilst out the back doing the reading etc.
  • ikati5
    ikati5 Posts: 356 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    The 'repaying' of training is rubbish they are trying to frighten you and no one is going to sue you for breach of contract, you have not received a contract or signed one.

    Do not be afraid to contact http://www.acas.org.uk they are really nice people and will help you.

    If you have worked, regardless of notice or training or any other circumstances, you are entitled by law to be paid the minimum wage.

    Contact acas by telephone and they will advise you how to sort it out.
  • Notmyrealname
    Notmyrealname Posts: 4,003 Forumite
    Ouch...harsh notmyrealname!!

    To the OP,

    The worst they can do is sue you for breach of contract... BUT THEY WON'T!!

    I found a thread from a few months ago where everyone on MSE said that apart from a couple of people and...

    The employer sued.
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