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Under 18's Serving In A Pub

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deodata2001 | 17:25 Sun 03rd Mar 2019 | Law
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paid cash in hand now been asked to pay back earnings because of claiming benefit? does the employer have the right to do this?
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Chris....get real! What authorised person has the time? Very few. That's why few pubs employ under 18's to serve in the bar. “There's no law saying an employer can't pay cash in hand…” If an employer has any employees that earn more than £116 per week he must register for PAYE. Having registered he must make the appropriate deductions in income tax and...
20:03 Sun 03rd Mar 2019
Ok Deodata, sorry if some replies were a bit disrespectful (mine included) but hopefully you got meaningful replies as well.
Your Granddaughter has done the work, so can expect to be paid. If the pub decided to give her cash in hand,they cannot reasonably expect that money to be paid back at a later date.
They might have asked for a receipt at the time of payment (but presumably didn’t) or they retrospectively may ask her to provide an invoice for her work done (but she doesn’t have to provide one).
The pub have nil prospect of recovering this money, because there is no paperwork to prove your Grand Daughter was given it. She is not compelled to give it back, and the pub cannot take her to Court for none payment.
A bit of a mess, and pretty amateur business on the pubs part.
It's extremely difficult for a 16 or 17 year old in college to be able to claim benefits in their own right, the parent or guardian would still be claiming child benefit.
Is she a parent herself, out of the care system or unable to live with her parent(s) or guardian for her own safety?
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Ok thanks, everyone I've now got the information I need, you've very helpful.
My brother as an employer was in this position and it didnt occur to him to get repaid - and then she wasnt employed, geddit?
Presumably both parties are being investigated - and the employer unsurprisingly wants to limit losses and see this as a way out. However he will still get the investigation and the men from the ministry poking their noses into ALL his affairs

The grand daughter is gonna lose her job - who works for nothing and will still get the investigation from her side - santioned or whatever.

Rule 100 is where a landlord can have rent clawed back from other tenants accounts - and as far as I know, there is no parallel in employment law. that is the employer saying "gimme gimme - you on the dole!" - it would enable/empower slavery wouldnt it?

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