Waitress Rights.

[patsyann]

My lovely Grandaughter is on a gap year from University and one of the jobs she is doing to earn some money is as a waitress in a classy little restaurant.A few weeks ago she accidently broke a wine glass and they took �12 out of her wages which I thought out of order. Surely restaurants are insured for breakages. That was bad enough but this week she caught a teacup against the tap and broke it. The owners had a fit,said it was a very valuable piece of china and have stopped �50 pounds. Her parents are furious but my Granddaughter needs to keep the job and wont let them take up the issue. My daughter said that they wish they had been able to see the broken china to check whether it was really valuable.My feeling is that if it was that valuable why was it being used in a restaurant,should have been in a cabinet.
My question is whether they have a right to withhold her wages. If it is wrong the sooner she finds a nicer place to work the better and then she can take action.I feel she has a right to it showing as a deduction on her wage slip and that she should insist that the reason why is shown then there will be proof if it can be taken further.
She is a good waitress they always take her back in between university and holidays and she is not clumsy. Accidents happen.

[pink-kittens]

Uless she works in Claridges I doubt very much the tes cup was worth fity quid!
I don't think they can deduct wages for breakages TBH (read down the pages)
http://news.bbc.co.uk/1/low/business/2174183.s tm
Try ACAS for better clarification
I would have thought breaking a cup/glass/plate would be part of the job for a waitress actually

[Nhozu]

unless there is something in her employment contract I would purse the wages, and probably a new job else where

[patsyann]

Thank you both. The Employment Rights Act of 1996 seems to cover the problem. She would never have agreed to pay for breakages but I wonder if they have craftily slipped it into her contract. Have passed your answers to her Father to sort out.

[brenda]

IF a customer accidently breaks a wine glass, do they get charged �12 as well on their bill?

What happened to your grandaughter cannot be right .
Or has the whole world gone bonkers?

[padanarm]

The employer could claim this as a deduction for 'missing stock'. Such a deduction has to be recorded on the wageslip. Your grand-daughter could reasonably ask for proof of the value of the goods.
This sounds like an unauthorised deduction from wages and may happen again and again.

The Employment Rights Act 1996 and Wages Act 1986 should protect a worker who tries to enforce her right to receive in full what she has earned under this legislation. A worker who is dismissed for trying to exercise her rights under this legislation can claim automatic unfair dismissal irrespective of how long she has worked for the employer because she has been dismissed for trying to claim a statutory right.

Contact the ACAS Helpline 08457 47 47 47 for more detailed advice.

[patsyann]

Well I have given my Grandaughter and her Parents all the information and opinions posted by all of you. Many thanks. If we get a result I will let you know. Trouble is she is only part time and is afraid to lose the job. She is looking for a much better job for this gap year but not easy with the current employment situation.
Thank you.