Is this legal????

lollypop27811

My friends daughter has been working at a shoe shop for a cpl months now and her manager has insisted that she buy 2 pairs of shoes from the shop with her wages to wear at work in this time or she will no longer have employment with them. This is a very very expensive shoe store and my friends daughter is only 16 years old and works only Saturdays for £4 p/h. A low costing pair of shoes in this place is still a cost of at least £70 which is more than twice what she would earn in a shift. More than half her monthly income. What can she do?

agrinnall

It's a ridiculous thing to insist on, and I'd have my doubts whether it could be enforced, but having worked there for such a short time she can be fired for no reason. Personally I'd suggest that she get another job and tell the manager where to stick the shoes.

C_Mababejive

No it is illegal and shameful. Tell her to have her phone on record next time this is spoken about and tell her to say that it isnt for him to tell her how or where to spend her money. If she gets sacked,get back here,name and shame.

Undervalued

C_Mababejive wrote: »

No it is illegal and shameful. Tell her to have her phone on record next time this is spoken about and tell her to say that it isnt for him to tell her how or where to spend her money. If she gets sacked,get back here,name and shame.

No it is not illegal (that would be a breach of the criminal law). I'm far from convinced it is even unlawful (which is probably what you meant).

Even if it was I'm struggling so see any useful redress if the manager insists on this, she refuses and gets dismissed. Except for a very limited number of protected reasons you cannot claim unfair dismissal with less than two years service.

Certain jobs (admittedly normally at a much higher level than this) have very tight dress codes which can cost an employee a significant amount of money to meet. Unless it costs one gender significantly more than the other (which would be sex discrimination) it is perfectly lawful.

There might just possibly be an argument that the cost reduces her wages below the NMW but that would depend on how long the shoes might reasonably last and whether she would realistically wear them elsewhere. The OP has suggested they cost double her normal shoes so arguably only the difference is relevant for this calculation.

Don't get me wrong, I think what the OP has described is appalling but that doesn't mean there is any easy answer.

Rosemary7391

If she only works one day a week, perhaps she could compromise by just buying one pair? Does she get any sort of staff discount? Many workplaces have a dress code so it might be seen as reasonable. Maybe she could be given some time to save for them as well. If she wants to keep her job she'll probably need to compromise.

C_Mababejive

Undervalued wrote: »

No it is not illegal (that would be a breach of the criminal law). I'm far from convinced it is even unlawful (which is probably what you meant).

Even if it was I'm struggling so see any useful redress if the manager insists on this, she refuses and gets dismissed. Except for a very limited number of protected reasons you cannot claim unfair dismissal with less than two years service.

Certain jobs (admittedly normally at a much higher level than this) have very tight dress codes which can cost an employee a significant amount of money to meet. Unless it costs one gender significantly more than the other (which would be sex discrimination) it is perfectly lawful.

There might just possibly be an argument that the cost reduces her wages below the NMW but that would depend on how long the shoes might reasonably last and whether she would realistically wear them elsewhere. The OP has suggested they cost double her normal shoes so arguably only the difference is relevant for this calculation.

Don't get me wrong, I think what the OP has described is appalling but that doesn't mean there is any easy answer.

I agree with you but nevertheless you cant back down to bullys and if she ends up getting sacked,well at least she will hopefully have evidence of his/her appalling demands and can publicly shame them. Perhaps a mention in the local paper will redden their faces a little?

I would say its a form of blackmail.

http://www.e-lawresources.co.uk/Blackmail.php

[Deleted User]

Name and shame!

ohreally

The truck acts have been repealed. Name and shame.

getmore4less

This would very likely be a criminal offence under minimum wage legislation.

Any amount would be accounted for in the pay period not averaged over the usable time.

z1a

"The OP has suggested they cost double her normal shoes"
No she hasn't.

I agree with the name & shame.

sheramber

Undervalued wrote: »

No it is not illegal (that would be a breach of the criminal law). I'm far from convinced it is even unlawful (which is probably what you meant).

Even if it was I'm struggling so see any useful redress if the manager insists on this, she refuses and gets dismissed. Except for a very limited number of protected reasons you cannot claim unfair dismissal with less than two years service.

Certain jobs (admittedly normally at a much higher level than this) have very tight dress codes which can cost an employee a significant amount of money to meet. Unless it costs one gender significantly more than the other (which would be sex discrimination) it is perfectly lawful.

There might just possibly be an argument that the cost reduces her wages below the NMW but that would depend on how long the shoes might reasonably last and whether she would realistically wear them elsewhere. The OP has suggested they cost double her normal shoes so arguably only the difference is relevant for this calculation.

Don't get me wrong, I think what the OP has described is appalling but that doesn't mean there is any easy answer.

I don't think NMW applies to 16 year olds working Saturdays.