The Student Room Group

Reporting illegal practice of employer? How?

This had been (and hopefully will be) the shortest employment of my life.
Basically, I found myself a job at this Chinese resteraunt about a week ago. The pay, is ridiculous, £3.50, But since im only back home for another 2 - 3 weeks and I left the whole job hunting thing terriblly late, I took it.

My job is as a waiter, which I havnt got much experiance in, thus another reason for me not minding the below national minimum wages. But the crap thing is, the owners are right bastards. The business is not good and they try to blame us, and they seem to have an attitude of "we're paying you so we own you." And there is no contract, no fixed working hours each week etc. But again, Im not there to cause trouble, I jus wanna work, get my money and go home. As simple as that.

But the bummer came the day before yesterday. They had told me like 4 days ago they wanted me to work from 2 - 5 (pm) and then from 6 - 10 on that day (I mean how tight is that, even cutting ur dinner break out, but i didnt think much about that, I mean it a job after all rite?) So, i put aside all my plans and turn up, work till 5, it was quite busy to start with, but then got alot quieter. Seeing that the place was quiet, the owner tells me that I dont have to come back at 6, i could come back another day.

I was really confused, so i ask him why. And she says thats cos there wasnt may ppl there.
I mean if the working time has been agreed, then for god sakes stick to it! So ppl working for ya can atleast have a clue about how long they're gonna work for!
So I said this isnt ok, I put aside my plans for a day out, to come here, and jus break the agreement like that?
She was like" Ur a part time, and this is the rules."

Ive not worked at a resteraunt b4, so are they allowed to playwith their employees like that?! So we have to be on demand to work wenever, and if the business slows down for even 5 minutes, they can send us home?

So Im now thinking of reporting them, for the under minimum pay thing, the lack of a contract, and the lack of ANY health and safety training wot so ever.

Anyone know the routes to take wen making a report of this kind?

Thanx in advance.

Scroll to see replies

Hmm, I'd try to forgive and forget.
You could get in touch with your local council and see if they can put you in touch with someone who has the authority to sort them out!

That pay is better than what I got paid...£3 an hour...I quit after about 2months because the boss kept shoutin at me infront of customers for things which weren't my fault
Reply 3
Godsize
Hmm, I'd try to forgive and forget.


No I wouldnt :biggrin: !

Stick with the later suggestion :biggrin: !

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Ur choice !
Reply 4
Is having this job really that necessary? No job would be better than a job with low pay and bosses that have very little respect for your work or your time.
Reply 5
I know a lot of places that work like that, but in my honest opinion theres no point in reporting them. You are their our of your own free will for just little extra cash, so dont complain just quit. Dont get me wrong I dont like to see people getting exploited wrongly but in your case it just seems stupid.

I know refugees who work for less and much harder, they cant quit because they need that money to live, so your scenario just pisses me off.
Reply 6
That's what those sort of jobs are like. All the jobs in my area rely on tourists, so if it's a quiet weekend or there's a bad patch of weather, you're not getting paid that week. It sucks, but it's how it is.
Reply 7
ooops... I forgot to mention that I did quit..
And no... the job isnt that important to me that I would take this kind of Cr*P
Reply 8
Malik
I know a lot of places that work like that, but in my honest opinion theres no point in reporting them. You are their our of your own free will for just little extra cash, so dont complain just quit. Dont get me wrong I dont like to see people getting exploited wrongly but in your case it just seems stupid.

I know refugees who work for less and much harder, they cant quit because they need that money to live, so your scenario just pisses me off.


Pisses u off? y?!

I mean they are BREAKING the LAW by paying the ppl that work there under the national minimum. And jus cos there are other ppl breaking the law (by underpaying refugees etc) dosnt mean this isnt worth reporting.

I mean if no one took any action, then these ppl can do wotever they want and pay however much they want to the ppl that work for them.. Then wot would even b the point of having a national wage?
Reply 9
If you're just casual labour (i.e. no contract) then they can mess with your hours.

The under pay thing is a problem though.
Reply 10
hahahabubu
Pisses u off? y?!

I mean they are BREAKING the LAW by paying the ppl that work there under the national minimum. And jus cos there are other ppl breaking the law (by underpaying refugees etc) dosnt mean this isnt worth reporting.

I mean if no one took any action, then these ppl can do wotever they want and pay however much they want to the ppl that work for them.. Then wot would even b the point of having a national wage?


I understand more then you would ever know about under paid exploitation. Its just your case that pisses me off, I am not siding with the resturant but when someone like you has an easy choice to quit, you should do just that. From sounds of it they were just messing you about hours and perhaps pay but they were never abusing you. Before you sneakly go off an report them ruining their business it would be better if you spoke to them face to face about such issues. The fact is you knew it was no-contract job that paid below minimum wage BEFORE you worked there .
Reply 11
Malik
I understand more then you would ever know about under paid exploitation. Its just your case that pisses me off, I am not siding with the resturant but when someone like you has an easy choice to quit, you should do just that. From sounds of it they were just messing you about hours and perhaps pay but they were never abusing you. Before you sneakly go off an report them ruining their business it would be better if you spoke to them face to face about such issues. The fact is you knew it was no-contract job that paid below minimum wage BEFORE you worked there .


I did speak to them before I starting working. Guess wot they said? They said tough... u can work here or not...

And im not jus doing this for my self, in many chinese resteraunts there are illegal immirgants (and som of the ppl there look like it, e.g. dosent speak english, etc etc). U think this is fair on them? And if they are breaking the law, y shouldnt their business suffer for it?
Reply 12
If there is no employment contract then, I'm sorry to say, no putative 'law' can have been 'broken' as you put it because no-one is 'employed': you are not, as such, an 'employee'; and will be accordingly deemed to possess no legally actionable contractual rights. Also, try to bear in mind that the discrepancy cuts both ways, and for obvious reasons.
Reply 13
hahahabubu
I did speak to them before I starting working. Guess wot they said? They said tough... u can work here or not...

And im not jus doing this for my self, in many chinese resteraunts there are illegal immirgants (and som of the ppl there look like it, e.g. dosent speak english, etc etc). U think this is fair on them? And if they are breaking the law, y shouldnt their business suffer for it?


If they said tough and you didnt like it, you should have took the latter option. Like i've said in every one of my posts I am not supporting exploitation its just your case, you should forget it. I know some people work under terrible conditions and no its not right. But I think you will find the majority of the imigrants dont have a work visa to work in the UK so such jobs benefit them and their employer.
Reply 14
Profesh
If there is no employment contract then, I'm sorry to say, no putative 'law' can have been 'broken' as you put it because no-one is 'employed': you are not, as such, an 'employee'; and will be accordingly deemed to possess no legally actionable contractual rights. Also, try to bear in mind that the discrepancy cuts both ways, and for obvious reasons.

True. I'd never set foot in the ****-hole again though.
Reply 15
Malik
If they said tough and you didnt like it, you should have took the latter option. Like i've said in every one of my posts I am not supporting exploitation its just your case, you should forget it. I know some people work under terrible conditions and no its not right. But I think you will find the majority of the imigrants dont have a work visa to work in the UK so such jobs benefit them and their employer.


Emm... Interesting? So I should forget about it? No I didnt like it, but I took the job for various reasons. But having made my plans for the day, and then for them to say they want me to work, then cancelling my plans and going, only for them to blow me off jus cos the resteraunt got a little quieter... imagin this happening everytime you were there?

It not jus my case.. the majority of the ppl that work there cant even speak out even if they are exploited... so no one should voice their concerns?
By your line of thinking, there would be no minimum wage, no maximum working hours etc and we'd have a employment system as that of the 19th century where the employers paid you wotever they damn wanted and could sack you whenever they fancied it.

And I donno how I can be blamed as doing the wrong thing if I report a breach of law. Think about it, I can quit cos I have a family who will support me here. wot about the other people? they have no employment contract, so they have absolutely NO rights as a employee, no health benefits, no holidays, NOTHING. THe owner could jus tell the chef who may have worked there for 5 years to get out, and he would have no way of even filing a complaint. Also, this is London, it would be very difficult for a person to make a living earning 3.50 an hour, especailly if most of the employees would have to take a bus to work. And imagin if the owner blew off half his staff (which he certainly might have done before) whenever the store wasnt full of guests? Could u make a living on such low wages and be constantly threatened by the prosepect of only being able to work 1/2 your hours? As a employee, you would have to make yourself available to work at the hours the owner dictated (this might involve putting off other jobs etc) and if he said you can go after only 1/2 the time, well that jus tough?

No im not doing this only for myself. And jus cos losing this job dosent mean I would be sleeping on the streets, it not a reason for dismissing it.

I think the only mistake I made was not walking out wen they told me the wages and reporting them then.

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Profesh
If there is no employment contract then, I'm sorry to say, no putative 'law' can have been 'broken' as you put it because no-one is 'employed': you are not, as such, an 'employee'; and will be accordingly deemed to possess no legally actionable contractual rights. Also, try to bear in mind that the discrepancy cuts both ways, and for obvious reasons.


I mean a employer would have to be pretty stupid if he asked u to sign a contract which stated that he would be paying you less than the national minimum wouldnt he?
So this kinda cases could never be proven then?
Reply 16
hahahabubu
Emm... Interesting? So I should forget about it? No I didnt like it, but I took the job for various reasons. But having made my plans for the day, and then for them to say they want me to work, then cancelling my plans and going, only for them to blow me off jus cos the resteraunt got a little quieter... imagin this happening everytime you were there?

It not jus my case.. the majority of the ppl that work there cant even speak out even if they are exploited... so no one should voice their concerns?
By your line of thinking, there would be no minimum wage, no maximum working hours etc and we'd have a employment system as that of the 19th century where the employers paid you wotever they damn wanted and could sack you whenever they fancied it.

And I donno how I can be blamed as doing the wrong thing if I report a breach of law. Think about it, I can quit cos I have a family who will support me here. wot about the other people? they have no employment contract, so they have absolutely NO rights as a employee, no health benefits, no holidays, NOTHING. THe owner could jus tell the chef who may have worked there for 5 years to get out, and he would have no way of even filing a complaint. Also, this is London, it would be very difficult for a person to make a living earning 3.50 an hour, especailly if most of the employees would have to take a bus to work. And imagin if the owner blew off half his staff (which he certainly might have done before) whenever the store wasnt full of guests? Could u make a living on such low wages and be constantly threatened by the prosepect of only being able to work 1/2 your hours? As a employee, you would have to make yourself available to work at the hours the owner dictated (this might involve putting off other jobs etc) and if he said you can go after only 1/2 the time, well that jus tough?

No im not doing this only for myself. And jus cos losing this job dosent mean I would be sleeping on the streets, it not a reason for dismissing it.

I think the only mistake I made was not walking out wen they told me the wages and reporting them then.

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I mean a employer would have to be pretty stupid if he asked u to sign a contract which stated that he would be paying you less than the national minimum wouldnt he?
So this kinda cases could never be proven then?


They might well have 'blown you off'; the upshot of this particular arrangement, however, is that the converse will also be true: quid pro quo, you yourself could quite easily have absconded from their 'employee' roster with relative impunity.
hahahabubu
But the crap thing is, the owners are right bastards.


I would just quit and put it down to experience. No real point in causing trouble and possibly having one of their friends or contacts rough you up or even cut you.

A nice chinese friend who was treated badly by her landlord ( she had a retail business in a shopping centre and basically got ripped off by the landlord in an non-provable way ) told me that she was very tempted to have some "friends of friends" ie snakeheads, work him over or trash his Mercedes. She decided not to take that route, mainly since she would then have been in debt to some rather unsavoury people.

Things like that do happen. And they probably have your contact details. And if they are as nasty as you say, they may not have any scruples about having a third party do a bit of assault and battery.
http://www.manchesteronline.co.uk/news/s/57/57506_triad_gang_caged_for_brutal_torture.html
Reply 18
hahahabubu

It not jus my case.. the majority of the ppl that work there cant even speak out even if they are exploited... so no one should voice their concerns?
By your line of thinking, there would be no minimum wage, no maximum working hours etc and we'd have a employment system as that of the 19th century where the employers paid you wotever they damn wanted and could sack you whenever they fancied it.

And I donno how I can be blamed as doing the wrong thing if I report a breach of law. Think about it, I can quit cos I have a family who will support me here. wot about the other people? they have no employment contract, so they have absolutely NO rights as a employee, no health benefits, no holidays, NOTHING. THe owner could jus tell the chef who may have worked there for 5 years to get out, and he would have no way of even filing a complaint. Also, this is London, it would be very difficult for a person to make a living earning 3.50 an hour, especailly if most of the employees would have to take a bus to work. And imagin if the owner blew off half his staff (which he certainly might have done before) whenever the store wasnt full of guests? Could u make a living on such low wages and be constantly threatened by the prosepect of only being able to work 1/2 your hours? As a employee, you would have to make yourself available to work at the hours the owner dictated (this might involve putting off other jobs etc) and if he said you can go after only 1/2 the time, well that jus tough?



Stop trying to pick an argument with me over something I agree with you upon. But your being to narrowminded, if you want to be more usefull go and talk to these imigrants you speak off and see if theres anyway you can help. They might be getting paid £3 a hour but without a visa its the only money they can get. Reporting the resturant would just make it worse for them. Things will change one day once goverment gets a stricter on work permits and untill immigration is controlled more. All I can say now is Its a cruel world out there for them.
Reply 19
Profesh
If there is no employment contract then, I'm sorry to say, no putative 'law' can have been 'broken' as you put it because no-one is 'employed': you are not, as such, an 'employee'; and will be accordingly deemed to possess no legally actionable contractual rights. Also, try to bear in mind that the discrepancy cuts both ways, and for obvious reasons.


I'm sorry mate, but your advice isn't right here. An employment contract is assumed if you agree to turn up for work, and if the employer pays you. It doesn't have to be written to be 'legally actionable'. The contract will be a mix of statutory rights (those given by law) and rights derived from 'custom and practice' (the established practice of an organisation - if something's always done the same way by a company, that will deemed part of the contract). I will admit that 'custom and practice' is difficult to prove, which is why a written statement is preferable (and a legal requirement after two month's work).

To the original poster, as this is only a very temporary job, you might not want to bother. Your road for recourse is through the Employment Tribunal.

The easy option is to ring the National Minimum Wage helpline, and make a complaint over your pay. 0845 6000 678. (This is assuming you're 18 or over, and therefore should legally have a wage over your current amount).

If you want to go down the tribunal road, ring ACAS (the employment advisory body) on 08457 47 47 47 .

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