Under 18's Serving In A Pub

[deodata2001]

paid cash in hand now been asked to pay back earnings because of claiming benefit? does the employer have the right to do this?

[Mexican18]

No.

[JimF]

No, but he has the right to report you for claiming benefit while working.

[dannyk13]

On the face of it no, if you did the work then you are entitled to be paid.However if the DWP found out they could reduce or stop your benefit.

[ummmm]

You shouldn't be serving in a pub under 18.

[Mexican18]

Surely the landlord is breaking the law in all sorts of ways.He shouldn't be employing under 18s and he shouldn't be employing people cash in hand.If I was him I would keep my head down!

[grumpy01]

What if it's waiter/waiteressing and not behind the bar?

[aelmpvw]

There's no law saying an employer can't pay cash in hand but it 's the employee's responsibility to declare it to hmrc

[TonyV]

18 is minimum age to buy or serve alcohol in U.K. in a pub. Restaurants have different ages all here.

https://www.gov.uk/alcohol-young-people-law

[Maydup]

No he cant do this, but he can and should refuse you any more work.

[Buenchico]

>>> You shouldn't be serving in a pub under 18

Not strictly correct. Since the Licensing Act 2003 came into force, there's now no minimum age to serve alcohol. However every sale by a person under the age of 18 has to be individually approved by a licence holder or by a person authorised by a licence holder to grant such permission. (The situation in a pub is exactly the same as it is in a supermarket, where a checkout assistant who is under 18 has to seek approval every time they permit the purchase of alcohol).

If an employee (of whatever age) is paid 'cash in hand' then, if HMRC become aware of it,
(a) the employee can be required to pay Income Tax and National Insurance on their earnings ;
(b) the employer can be required to pay the employer's National Insurance contributions ; and
(c) the employer can be required to pay any unpaid holiday pay to the employee.

If the employee was claiming benefit (and not declaring his/her earnings from the pub) then he/she can
(a) be prosecuted for fraud ;
(b) required to pay back any benefit which they weren't entitled to.

However the employer (who was also breaking the law by paying 'cash in hand') has no right to demand any money back which was paid to the employee.

[EDDIE51]

An under 18 can work in a pub but NOT serving alcoholic drinks ! They can collect and wash glasses for example but not actually serve alcohol.They could serve food ,cook and clean up. I have a full licence to sell alcohol and have run /lived in 5 different pubs . So your 'under 18' is breaking the law, as is their employer. Also 'cash in hand ' is illegal ! As to your question , yes it is correct ! What you describe is Benefit Fraud !

[THECORBYLOON]

A lot of folk are assuming the work isn't being declared already.

[Maydup]

Leaving aside the rights and wrongs or we might guess about the situstion, the fact is, the employer cannot ask for the earnings to be paid back.

[ummmm]

Chris....get real! What authorised person has the time?

[douglas9401]

Once again we're presented with the Buenchico/EDDIE choice of who to believe.

Which way will I go this time? I'll mull. :-P

[ummmm]

It's one thing getting authorisation in a supermarket....completely different in a pub.

[THECORBYLOON]

Come on now DOUGLAS, I'm sure EDDIE has given correct advice at least once or twice...

[douglas9401]

Possibly, just not on here.

[THECORBYLOON]

EDDIE, can you quote the relevant Act or SI giving the right for an employer to reclaim earnings from an employee merely because that person is on benefits?

[THECORBYLOON]

EDDIE, are you aware of Permitted Work for claimants on Employment and Support Allowance (ESA)?