Film, Media & TV2 mins ago
Contract of employment
Hi, my husband has worked at a local hotel for several months on a part time basis but has never received a contract of employment is this legal?
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Hi, thank you for your response Androcles, it is all legal and above board, he works nights for the minimum wage and is treat very badly by the owners but he needs the job. I am asking about a contract as I am concerned that he has no protection whatsoever, a couple of weeks ago three young women called at the hotel in the early hours of the morning, my husband had not been shown how to use the credit card maching but on looking at the girls felt he should try and help (they were the same age as our daughters), he kept their credit card and gave them a room to share. Two days later he was told by the owner that the credit card had been declined so they would be taking £180 out of his wages to cover their loss. He then received a letter from them saying he had been disciplined because he had not followed policy (he has never seen a policy) and he would have £60 deducted from his wages over the next three months. My husband knows he was a bit niave but has learned a lesson, I think £180 is excessive simply becasue there were other rooms available that night so although the sheets will have needed washed and the room tidied the business didn't loose £180. Sorry am rambling, it just seems so unfair when he works so hard for so little a wage.
This is a different ball game altogether. Deduction of charges from Wages is illegal except where the employee has given permission:
"The main effect of Employment Rights Act 1996 Part II (ERA 1996 s.13 to ERA 1996 s.27) is to make it unlawful for an employer to make any deduction from the wages of a worker employed by him unless the worker has agreed in writing to the deduction being made or it is required by law (eg deductions for PAYE and national insurance).
If an employer reduces or fails to pay wages without agreement in writing this amounts to an unlawful deduction from wages even if the employee owes money to the employer. In other words, the employer is not entitled to take the law into his own hands. Thus if, for example, an employee does not return property belonging to the employer after being dismissed, perhaps a computer or some safety clothing, the employer is not entitled to deduct the value from the final wages payment due unless the employee has agreed in writing that this can be done."
This can only be done if there is a valid contract of of employment in existence and your husband has agreed to this as a specific term of that contract.
They cannot take disciplinary action against him in that manner either, he is entitled to know of the complaint and to be invited to a hearing with a representative at which he can put his side of the story.
It sound to me as if there is a lot more wrong about this employment than your intitial questionsand he really needs to get some local advice on this situation - I would suggest the local citizens advice bureau if cash is tight.
"The main effect of Employment Rights Act 1996 Part II (ERA 1996 s.13 to ERA 1996 s.27) is to make it unlawful for an employer to make any deduction from the wages of a worker employed by him unless the worker has agreed in writing to the deduction being made or it is required by law (eg deductions for PAYE and national insurance).
If an employer reduces or fails to pay wages without agreement in writing this amounts to an unlawful deduction from wages even if the employee owes money to the employer. In other words, the employer is not entitled to take the law into his own hands. Thus if, for example, an employee does not return property belonging to the employer after being dismissed, perhaps a computer or some safety clothing, the employer is not entitled to deduct the value from the final wages payment due unless the employee has agreed in writing that this can be done."
This can only be done if there is a valid contract of of employment in existence and your husband has agreed to this as a specific term of that contract.
They cannot take disciplinary action against him in that manner either, he is entitled to know of the complaint and to be invited to a hearing with a representative at which he can put his side of the story.
It sound to me as if there is a lot more wrong about this employment than your intitial questionsand he really needs to get some local advice on this situation - I would suggest the local citizens advice bureau if cash is tight.
Everyone who works for an employer has a contract of employment with that employer, even if nothing is ever put in writing.
However all employers are legally obliged to provide a 'written statement of employment particulars' within two months of an employee starting work:
http://www.direct.gov...dConditions/DG_175704
As Androcles states, an employer can only deduct 'shortages' from pay if the employee has given written consent in advance:
http://www.direct.gov...ployees/Pay/DG_175878
Chris
However all employers are legally obliged to provide a 'written statement of employment particulars' within two months of an employee starting work:
http://www.direct.gov...dConditions/DG_175704
As Androcles states, an employer can only deduct 'shortages' from pay if the employee has given written consent in advance:
http://www.direct.gov...ployees/Pay/DG_175878
Chris
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