Turbogre Posted 20 July 2017 Share Posted 20 July 2017 I know a young Romanian couple who work all the hours God sends. The young girl has been working at a restaurant for the last few weeks. She's been badgering the boss for a written contract but he's kept her waiting. She was only ever paid in cash and she always had to ask for her wages. She found another job so handed her notice in. She did about another 30 hours work before leaving so she's owed for that. The boss has kept promising to pay her but hasn't. She's texted him on numerous occasions but he doesn't reply. Because she had no contract and was paid cash she's not got much proof she actually worked there but she always took pictures of the work rota with her name on it signed by the manager. From what I can gather the restaurant in question only ever takes on foreign staff and only ever pays them cash and doesn't deduct anything for tax or NI. I've offered to call the boss and be a little more 'assertive' with him but he can still refuse to pay. So I'm just wondering what options she has? They had one guy working there who was here illegally and they didn't pay him. He went to CAB and they contacted the restaurant. So the boss of the restaurant reported the guy to immigration and he was deported! So he sounds like a bit of a scumbag. I know it's easy these days to do something like get a FB post circulated to negatively affect the restaurants business but would rather not go down this route. Anyone got any thoughts on what a good course of action might be to put this right? Link to comment Share on other sites More sharing options...
Hollism Posted 20 July 2017 Share Posted 20 July 2017 Not judging but can you clarify if your friends are in the UK legally? It makes all the difference in the world to what options she has. Link to comment Share on other sites More sharing options...
Kopfkino Posted 20 July 2017 Share Posted 20 July 2017 1 minute ago, Hollism said: Not judging but can you clarify if your friends are in the UK legally? It makes all the difference in the world to what options she has. Romania is part of the EU Link to comment Share on other sites More sharing options...
Mike Oxlong Posted 20 July 2017 Share Posted 20 July 2017 Threaten to report the cvnt to HMRC. Sounds like he's defrauding the taxman. Link to comment Share on other sites More sharing options...
yorkie1999 Posted 20 July 2017 Share Posted 20 July 2017 Get them to book a table there, have a meal and then refuse to move till the girl gets her wages. Link to comment Share on other sites More sharing options...
Mike Oxlong Posted 20 July 2017 Share Posted 20 July 2017 Put a curler in his fridge and call the Food Standards Agency. Link to comment Share on other sites More sharing options...
MrSpaM Posted 20 July 2017 Share Posted 20 July 2017 TBH for 30 hours wages I'd just cut my losses, guy sounds more trouble than it's worth, which is probably what he's hoping for, but without a contract your a bit screwed Link to comment Share on other sites More sharing options...
Kopfkino Posted 20 July 2017 Share Posted 20 July 2017 Citizens Advice would probably be able to help. Not having a written contract doesn't mean she doesn't have the same rights, the fact that both parties have agreed to a schedule of work (the rota) is sufficient and he is obliged by law to pay her minimum wage for those hours worked. Link to comment Share on other sites More sharing options...
Turbogre Posted 20 July 2017 Author Share Posted 20 July 2017 Cheers for the replies so far. Yes... reporting to the authorities is an option but who would you contact in this situation? As Romanians they do have a right to work here legally. Link to comment Share on other sites More sharing options...
Mike Oxlong Posted 20 July 2017 Share Posted 20 July 2017 10 minutes ago, Turbogre said: Cheers for the replies so far. Yes... reporting to the authorities is an option but who would you contact in this situation? As Romanians they do have a right to work here legally. http://www.bbc.co.uk/news/uk-politics-25549715 Link to comment Share on other sites More sharing options...
Royston. Posted 20 July 2017 Share Posted 20 July 2017 Suck it up. "They" were ok to accept cash in hand and no tax so there was always a risk things could turn ugly. Link to comment Share on other sites More sharing options...
yorkie1999 Posted 20 July 2017 Share Posted 20 July 2017 1 minute ago, Royston. said: Suck it up. "They" were ok to accept cash in hand and no tax so there was always a risk things could turn ugly. Good point. Link to comment Share on other sites More sharing options...
Innovindil Posted 20 July 2017 Share Posted 20 July 2017 It's not illegal to get paid cash in hand but it is illegal to pay cash in hand to dodge taxes. Threaten the boss with a report to HMRC, he'll cough up the money within minutes. Link to comment Share on other sites More sharing options...
DJ Barry Hammond Posted 20 July 2017 Share Posted 20 July 2017 https://www.gov.uk/report-cash-in-hand-pay HMRC Fraud Hotline: 0800 788 887 One awkward bit to note with this mind - your friend could end up with a tax bill go through this route. Hopefully HMRC wouldn't be idiots and would ignore that in favour of the tip off, but technically she's earned without paying tax and NICS. Link to comment Share on other sites More sharing options...
James. Posted 20 July 2017 Share Posted 20 July 2017 2 minutes ago, DJ Barry Hammond said: https://www.gov.uk/report-cash-in-hand-pay HMRC Fraud Hotline: 0800 788 887 One awkward bit to note with this mind - your friend could end up with a tax bill go through this route. Hopefully HMRC wouldn't be idiots and would ignore that in favour of the tip off, but technically she's earned without paying tax and NICS. Sounds like she has only been working for a few weeks so must be well under the Income Tax personal allowance (assuming she hasn't worked elsewhere previously). Not sure on NI thresholds. Link to comment Share on other sites More sharing options...
DJ Barry Hammond Posted 20 July 2017 Share Posted 20 July 2017 Oh and @Turbogre - you might want to check with your friend what exactly she was getting paid and whether it met minimum wage requirements. What she probably wants to do is go and ask for the money with 2 well built / clued in people as witnesses, when the restaurants reasonably busy - that puts the pressure on the owner. She could also go local press route, see if they'd be interested in sending a reporter with her. Link to comment Share on other sites More sharing options...
glenny_fox Posted 20 July 2017 Share Posted 20 July 2017 Do you know how much your friend has earned throughout the year as this would determine whether or not they should had actually been paying any tax. If they haven't earned enough then it should make things a bit easier. Also, if she has pictures of the rota signed by the manager then that represents a contract as there is that should be sufficient proof there has been an invitation to treat, offer and acceptance. Link to comment Share on other sites More sharing options...
jammie82uk Posted 20 July 2017 Share Posted 20 July 2017 26 minutes ago, DJ Barry Hammond said: https://www.gov.uk/report-cash-in-hand-pay HMRC Fraud Hotline: 0800 788 887 One awkward bit to note with this mind - your friend could end up with a tax bill go through this route. Hopefully HMRC wouldn't be idiots and would ignore that in favour of the tip off, but technically she's earned without paying tax and NICS. I agree I think This is would be the best advice 15 minutes ago, glenny_fox said: Do you know how much your friend has earned throughout the year as this would determine whether or not they should had actually been paying any tax. If they haven't earned enough then it should make things a bit easier. Also, if she has pictures of the rota signed by the manager then that represents a contract as there is that should be sufficient proof there has been an invitation to treat, offer and acceptance. If it's happened since April when the tax year started then I doubt she would have earned £11,000 by now so she would be fine Link to comment Share on other sites More sharing options...
hairy Posted 20 July 2017 Share Posted 20 July 2017 13 minutes ago, jammie82uk said: If it's happened since April when the tax year started then I doubt she would have earned £11,000 by now so she would be fine Just about to post this. there is a threshold for NI too. You could always say you would submit a tax return to declaring your earnings in the future. She has broken any laws by accepting cash Link to comment Share on other sites More sharing options...
MrSpaM Posted 20 July 2017 Share Posted 20 July 2017 You start paying national insurance when you earn over £157 a week Between £157 and £866 you pay 12% of your wages Anything you earn over £866 you pay 2% of your wages Link to comment Share on other sites More sharing options...
Sol thewall Bamba Posted 20 July 2017 Share Posted 20 July 2017 2 hours ago, Mike Oxlong said: Threaten to report the cvnt to HMRC. Sounds like he's defrauding the taxman. Sounds like they're both defrauding the taxman to me. Link to comment Share on other sites More sharing options...
Benguin Posted 20 July 2017 Share Posted 20 July 2017 Seems unfair but if you're working a cash in hand tax free job, you don't have employment rights. In terms of any legitimate way to retrieve wages, there is none. You have to do it illegitimately through blackmail etc. Link to comment Share on other sites More sharing options...
Jattdogg Posted 20 July 2017 Share Posted 20 July 2017 Would the hours shes owed equate to all thr tax shes dodged out paying since working there. If so might just be the universes way of saying tough crap. Thats cvnty of the owner though. Link to comment Share on other sites More sharing options...
RODNEY FERNIO Posted 20 July 2017 Share Posted 20 July 2017 She is effectively working as a self employed person with no formal contract and must declare her earining under the normal self assessment rules. On starting this post the employer should have obtained her national insurance number and will have to declare her earnings when he completes his annual P35 return. What's the betting she's not even applied for a NI number ? What's the betting not all of the employer's staff are included on his annual return ... if he even completes one ? Contact HMRC if you wish I'm sure they'd be interested in her and her employer. Link to comment Share on other sites More sharing options...
BoyJones Posted 20 July 2017 Share Posted 20 July 2017 Will be surprised if HMRC give the worker a second thought. I do the books for a small catering company in Leicester, who a couple of summers ago took on a part time worker for seven weeks on a supposed "self employed" basis. Somebody in a similar line of work rang the HMRC whistle blower line to say the company were employing workers without paying NI etc. HMRC inspector wrote and was out to the business within two-three weeks to inspect the books. I was happy to represent the company at the meeting and it all went alright, they accepted we had acted above board, although were one form missing, which we sorted. I asked what would happen to the worker, now left and the reply was for the amount in question wasn't worth bothering about. More concerned about firms taking the mick, because if one employee, could be a lot more, then that would start to add up. Just make the call. Link to comment Share on other sites More sharing options...
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