Workers rights?

enigma69

My child works in Turtle Bay and has to pay 3% of sales back. Is this legal?

boliston

presumably the over riding thing would be if it took the wage below minimum wage - this would most certainly be illegal

Alexland

I don't believe that the waiter has any direct claim to their tips so provided 3% of their sales is greater than the total tips they receive (such that it doesn't erode their agreed pay rate) it seems fair on the back room staff.

https://www.turtlebay.co.uk/tipping-policy-statement/

We redistribute 30% of waiting staff’s tips, calculated as 3% of the respective waiting staff’s sales, to the wider team in the form of enhanced wages. We pay tax on this and apply all statutory deductions. The redistributed tips are included in PAYE calculations upon redistribution. There is a cap on the amount that can be redistributed from each waiter. All waiting staff keep the remaining majority of their tips, this includes all tips made in cash. Waiting staff are liable to declare this for tax purposes.

Alex

enigma69

She is a waitress there.

Malthusian

The Employment board is a better place for this question. But they will probably say what you already know - that it's legal if it doesn't take her below minimum wage. And tack on the standard response that if she isn't happy with it, her only realistic option (assuming she doesn't like being unhappy with her job) is to find another one that doesn't apply this policy.

Masomnia

If she has agreed in writing then it is legal if it doesn't take her below NMW as others have mentioned.

short_butt_sweet

Malthusian wrote: »

if she isn't happy with it, her only realistic option (assuming she doesn't like being unhappy with her job) is to find another one that doesn't apply this policy.

or join a union.

Malthusian

short_butt_sweet wrote: »

or join a union.

By "realistic option" I meant an option that would have a realistic chance of improving her remuneration. I made an assumption that that was what she wanted to achieve. If she wants to get involved in politics that's a completely different objective.

Alexland

I doubt a union would want the back room staff to miss out on a share of the tips. To be fair this company doesn't seem to be keeping any of the tips for themselves.

moneyfoolish

Malthusian wrote: »

By "realistic option" I meant an option that would have a realistic chance of improving her remuneration. I made an assumption that that was what she wanted to achieve. If she wants to get involved in politics that's a completely different objective.

Most people don't join a union for political reasons but merely to have some protection of their basic rights that any decent employer would give them normally. Sadly, many employers these days are anything but decent!

Malthusian

moneyfoolish wrote: »

Most people don't join a union for political reasons but merely to have some protection of their basic rights that any decent employer would give them normally.

Most people don't join unions for any reason. Union membership in this country is about 20% of the workforce and falling. Of those who do join, many are opted-in without their knowledge.

Most people who find their job's pay or conditions are below what they expect look for a better one. This has a considerably higher chance of achieving their goal than going into politics.

Joining a trade union is a second best solution for when no better job is available (e.g. you are working in a 19th century mill and have no way of accessing a better job without risk of starvation).