I currently work as a waiter in a multinational chain of restaurants. This evening I had a table skip out on the bill without paying. This happened whilst I was performing other duties associated with my job.
According to my employer, although I was doing my job as described in my contract, I am responsible for this. I their eyes, I should cover their lose. I have been trying to get a copy of the 'Masters and Servants act', as I've been told that this legislature works in my favor.
What I want to know is, is it legal for my employer to attempt to make me pay this bill? I was not working outside the scope of my employment, I hadn't taken a break, and I wasn't skiving.
I hope that somebody can answer this for me soon
Thanks in advance
A.
2007-03-24
16:37:26
·
9 answers
·
asked by
Anthony R
3
in
Business & Finance
➔ Careers & Employment
Thank you everybody for your answers. I neglected to say where this happened. The restaurant in question is located in the UK, and is the flagship store in the chain. Obviously, I'm not going to name the brand, as that could cause issues in itself. What I will say is that it's not Monday, Tuesday, Wednesday or Thursday.
2007-03-24
23:06:23 ·
update #1
Master and Servants Act was the culmination of a series of laws designed to regulate relations between employers and employees during the 18th and 19th centuries, although heavily biased on the employers' terms. It was instituted in 1823 in Great Britain and described its purpose as "for the better regulations of servants, labourers and work people". This law greatly influenced labour relations and Employment law in the USA, Canada (1847), Australia (1845), New Zealand (1856) and South Africa (1856). In reality the law was designed to discipline employees and repress the 'combination' of workers in trade unions.
That having been said, perhaps ask for instruction on the best way to prevent this issue, both from your boss and co-workers alike, beyond that a job search might be in order.
2007-03-24 16:44:30
·
answer #1
·
answered by netthiefx 5
·
0⤊
0⤋
This practice your employer is attempting to force on you can not be legal. especially if you were dealing with other customers as part of your job.
your employer should have a clausein his insurance policy that covers the recovery of funds.
No way on earth are you responsible for the customers skipping out on the bill unless those who skipped out on the bill are friends or relations of yours, then your employer could argue that you should pay.
the police should have been called and your employer should present a copy of the CCTV recording to the police and then the police can provide your employer with a crime number so he can write off the loss legally as far as the tax etc is concerned.
I think i'm right with what i have said, but seek help from a legal professional or may be the Citizens Advice.
if i';m wrong and this is legal then it is time the law was changed. though if this practice is detailed in your signed written contract then as far as employment law goes i think you will find your employer is in the right as you agreed to it by signing your contract.
if the employer has not put the clause in your contract then he can not technically force you to pay.
stand up for your rights and tell them that if they have a problem it is down to your boss to get legal help via the official channels. How could you prevent the clients from leaving the restaurant when you were dealing with one of your other duties. (if you were in the kitchen or a seperate bar for example you do not have eyes in the back of your head, that is why your employer has CCTV (or should have) and may be someone monitoring the video during opening hours. if he/she wants to keep costs down then just quality cameras and recorders are required. and also a quality phot printer to print a still image. Security specialist can better advise on the requirements for that business.
as i said i may be wrong. so get professional help and read your signed contract that you should have a printed copy of (terms and conditions of employment).
good luck.
2007-03-25 00:05:28
·
answer #2
·
answered by thebestnamesarealreadytaken0909 6
·
2⤊
0⤋
Don't get too far ahead of yourself. The first step is to follow the chain of command for your company. If your manager is not willing or able to help you , contact someone in your regional or corporate office. My guess is they will be able to address this issue without you having to go the threatening legal route.
Where do you live? laws vary from state to state and country to country. Sometimes managers are just lazy and stupid and make up rules that the company does not support. Company policy is probably based on general principles, but may have to be tweaked in different countries or states.
Good luck.
2007-03-25 00:41:23
·
answer #3
·
answered by Crushstation 2
·
0⤊
0⤋
Well in your case it may be illegal. Employers are allowed to deduct from your pay for losses. However, they cannot deduct an amount that would then bring you below minimum wage. Since servers are often paid minimum wage, it is quite possible that this is illegal. Tips are not included in this so they can only take out what you make per week over the minimum wage.
2007-03-24 23:52:09
·
answer #4
·
answered by michael p 4
·
0⤊
0⤋
I worked in the restaurant trade for twenty years, in that time no end of people walked out without paying their bills. Neither i or any other workers had to 'pay' losses to the employers, they are insured for that sort of thing happening to them.
2007-03-25 06:57:17
·
answer #5
·
answered by vg13 1
·
1⤊
0⤋
What is the company's policy? Were u given a copy of their policies? Check out the act asap... however it is common practise in the service industry to HIV this practise. It is also common practise to have an "insurance" where a server puts a small fee in a fund (usually a small percentage)
You may want to consider the importance of this job... weighing pros & cons etc...
2007-03-25 00:00:30
·
answer #6
·
answered by front door 3
·
0⤊
0⤋
no its not the legal requirement....i suggest you got to ur public library and get a copy as this is outrages do you have anything at all you could track these people down with?
2007-03-24 23:44:01
·
answer #7
·
answered by LucieSmoothtalker 2
·
1⤊
0⤋
did they party in question book the table?.....did they leave a name and number?...you could contact them over the unpaid bill!
2007-03-29 10:38:31
·
answer #8
·
answered by Just passing the time! 5
·
0⤊
0⤋
No it is not legal don't pay it babes fight it all the way they are being tight buggers :)
2007-03-25 04:35:17
·
answer #9
·
answered by clare w 4
·
0⤊
0⤋