Dismissed from a part time job. Your views please.

[Farneyman]

To briefly fill in on the details...
I am currently back at Uni doing a post grad and was working in a pub part time (5 hours on a sat 5-10) for my petrol money. When I returned after christmas and picked up my payslips I found out that the boss was taken £1 a week out of everybodies wage to cover his bank charges. I phoned ACAS(employment tribunal crowd) and was advised to challenge this. I did by putting it in writing explaining, what I'd been told, saying they cant take money out of my wage without my consent. I dropped this letter in about 3pm and was phoned by them about an hour later saying I didnt have any shift this week and there was a letter for me. I called back to the pub and opened the letter to be informed that I was let go due to a downturn in business..... I had been removed from the rota.

I phoned ACAS again and was told I could challenge my dismissal which I have. I have done this online. I am waiting to see what happens. I dont need the job but I am not standing for treatment like this. I have only been with them for since August.
Anyone have any experience of anything like this?

£1 pound a week is not much but hes doing it over 4/5 pubs to all staff. I dont particulary want or need the job but it really pissed me off to be treated like that. I have never got the boot before and am not a happy chappy. I am going to push this as far as I can.

Another thing is he only writes in pen on my pay slip the deduction so this will not be through the books properly(I dont think). Anyone know who I need to report this to, I have already put this information on my claim, but want to make sure if it is illegal that he gets his baws felt for it.

 

[colint]

How much was he paying you ? was it minimum wage ?

 

[Farneyman]

£5.80 / hour not sure what minimum wage is?

 

[RGDave]

I think you are doing the right thing. Basically, your life is on a track to somewhere else and so if you don't need the job, keep pushing the issue.
I had a similar thing years ago, as I was lined up for uni, I kept on at the company and eventually the manager was sacked. I didn't need the job but felt aggrieved by some of the business that was going on behind the scenes.
It sounds like a bull way to make up some lost money; if you'd been told about it when you took it on, you'd have been free to make your own decision. As it was.....well....
It's not the amount, it's the principle.
On principle, I'd say go for it. In terms of hassle....that's a different story. Not everything is worth fighting.
Good Luck.

- - - -

PS...I was wondering where you'd got to. Hope everything is OK...(apart from this!)

 

[colint]

From the 1st October 2009, minimum wage is £5.80 per hour.

The fact that he is deducting the £1 charge means that he is paying you less than the minimum wage. Even if he had told you up front that he would be deducting this bank charge from your wages, he would still be breaking the law by effectively paying you less than the minimum wage.

Write to him, tell him he want the money back or you will report him to the low pay commission http://www.lowpay.gov.uk/

He sounds like a tool and if you don't need to work there I'd get your money back, cause him some hassle and get a job elsewhere.

(I work for payroll company so know what I'm talking about here, for a change)

 

[Farneyman]

RGDave

Everything else is great thanks, just really busy with uni. Hvent been on here for months. Hoping to get back on the course asap now. Handi is 17.4 so thats not so good but am looking forward to swinging again. Hope to be back down your way again this summer so it would be great to meet up again for another game. Hope all is well with yourself.

 

[RGDave]

Cool here (you know what I mean....)

 

[Farneyman]

Colint,
Had a look at that site, thanks, will wait until I hear back from Emmployment mob and then follow up as neccessary.

Do you know can I report his actions to the tax man?

 

[colint]

Possibly, it all depends how he's showing the deduction in hos books. Bank charges are a business expense so can be deducted before calculating his profit which he'll then pay tax on. If he's deducting them as an expense, and then taking the cost from you then that would be tax avoidance. Unless you could see his books you'll never know, but a letter to the tax man highlighting your concerns might be worth a punt. The revenue will either do nothing, or look at him in detail as he seems a bit dodgy, just depends how busy they are and what mood the inspector is in when he opens the letter.

 

[Dodger]

Possibly, it all depends how he's showing the deduction in hos books. Bank charges are a business expense so can be deducted before calculating his profit which he'll then pay tax on. If he's deducting them as an expense, and then taking the cost from you then that would be tax avoidance . Unless you could see his books you'll never know, but a letter to the tax man highlighting your concerns might be worth a punt. The revenue will either do nothing, or look at him in detail as he seems a bit dodgy, just depends how busy they are and what mood the inspector is in when he opens the letter.

Sorry but that is tripe.

He is entitled to re-coup it but I have to question the way he has done it....shouldn't be doing it that way and as stated he is over the piece paying you less that NMW.

 

[JustOne]

Silly question but isn't the pub answerable to a brewery? or parent company?

 

[DCB]

Is there a local Citizens Advice Bureau in your area ? Worth giving them a call.

He can't pass on that charge to all the staff.

Hope you get a result on this.

 

[Farneyman]

Is there a local Citizens Advice Bureau in your area ? Worth giving them a call.

.

It was them that put me in touch with ACAS. It may take a bit of time but I dont intend letting it go...

 

[colint]

Possibly, it all depends how he's showing the deduction in hos books. Bank charges are a business expense so can be deducted before calculating his profit which he'll then pay tax on. If he's deducting them as an expense, and then taking the cost from you then that would be tax avoidance . Unless you could see his books you'll never know, but a letter to the tax man highlighting your concerns might be worth a punt. The revenue will either do nothing, or look at him in detail as he seems a bit dodgy, just depends how busy they are and what mood the inspector is in when he opens the letter.

Sorry but that is tripe.

He is entitled to re-coup it but I have to question the way he has done it....shouldn't be doing it that way and as stated he is over the piece paying you less that NMW.

What's tripe exactly ? To clarify, I'm saying he cannot deduct the cost of bank charges from his business income in order to pay less tax whilst at the same time charging that same cost to an employee.

 

[HomerJSimpson]

I can't see how that can be a legal deduction from earnings in the same way as say a company sports club etc. If he's deducting from your wages to cover his costs and its not in your terms of conditions then I'd be on to the brewery. In fact I'd be informing the brewery anyway as it sounds like he's in trouble.

 

[Imurg]

To be honest, if you don't need the job, get up this guys back as much as possible. Get Revenue on to him, Work and Pensions, anyone you can think of.

Take it all the way - what have you got to lose?

 

[Ethan]

Sacked for protesting an illegal deduction. Sounds like a winner in the Employment Tribunal to me.

 

[Smiffy]

If he deducts money from you to pay for his bank charges, why stop there?
Surely he has gas and electric bills doesn't he?
A pound a week off of everyone to help towards those as well would be in order.

I'd be ramming the greased neck of a Bud Ice bottle up his jacksie

 

[CrapHacker]

I agree in principle with everything you say, and all the above.

Point every agency you can think of and find in his direction. The Vat man is normally a good one, coz once they get their teeth into you they could find fault in a nunnery. ( I've had my own business and I know they were the ones my accountant always said to keep happy - the powers they have are unbelievable ).

BUT

Don't get so involved it affects you personally. If you start taking too much time getting even with this guy it could affect your studying etc.

Treat it as a game, not a vendetta.

Game on.

 

[Farneyman]

Don't get so involved it affects you personally. If you start taking too much time getting even with this guy it could affect your studying etc.

Treat it as a game, not a vendetta.

Game on.

There is no fear of me taking it to a point of affecting me or my life in general but I will follow it up.