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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48793
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I work in a retail shop and my employer has a rule that if

Resolved Question:

I work in a retail shop and my employer has a rule that if the till is short at the end of the day I have to put the cash amount in the till to make up for it with cash from my own pocket. There are others in the same shop that have been told the same. We are working for minimum wage. Please can you tell me if this is common practice and is it legally enforceable. I have never heard of any other retail employer using this rule
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Is this rule stipulated in your contract?
Customer: replied 2 years ago.
This is the wording of my contract
"The company may recover from you any sum that you may owe the company. The company may recover any such sum by deducting it from your salary or wages or from any other sums payable to you by the company, this may be way of one such deduction or a series of deductions . The company may also require you to repay all or part of the relevant amount either immediately or on terms that are otherwise acceptable to the company.
Examples---
Liabilities, losses, damages, costs or expenses incurred by the company which are attributable to your dishonesty and/or neglect of duties including cash shortages if, as part of your duties, you are required to handle and/or cheques
There is no specific mention of card transactions
the particular instance I'm referring to in my question is I was told I had made an error with a card payment transaction which I failed to enter the correct purchase amount on the machine and the company insisted I pay them £10 immediately. Please can you tell me if my employer has the right to enforce this payment and other potential future payments on myself and others at the company. Is this common practice or is this peculiar to my employer.
Expert:  Ben Jones replied 2 years ago.
It is certainly possible for employers to have such a rule in place where any till shortages (whether cash or card payments) are payable by you or deducted from your wages. The contract gives the employer the specific right to do this and it does not really matter if it is common with other employers or not – your rights re governed by your personal contract and if such a clause is in it then t can be applied. The law allows employers to make deductions as long as they are allowed under the contract. You say that it does not specifically mention card transactions are included but what they have given are just examples and there is a general clause which allows deductions for cash shortages and that can also include card payments. The general position is that a deduction cannot take your pay below the minimum wage, however there are certain exceptions and unfortunately one of them is a shortfall in your till if the contract says you would be liable for it. You can get confirmation of this from the Government’s advice on this: https://www.gov.uk/understanding-your-pay/deductions-from-your-pay So in the circumstances the employer would be able to make the deductions, although you should check with them to see if these losses could be recovered directly from the card provider first, for example if they could make a chargeback against it. If they cannot, you would be responsible as per the terms of your contract. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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