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Could This Be Classed As Theft?

Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
in Home, Law & Money
I was laying in bed the other night and was thinking, as you do.

When everyone starts work where i am, they have to pay £50 to the boss. You only get this money back if you give him a week or two notice before leaving.

Anyhow i was wondering, as i have earnt this money, and he is keeping that £50 unless i give a week or two notice before leaving, could this be classed as theft if i don't give the notice and he keeps that money?

Just a random thought, so does anyone know?

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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    that's certainky weird. where do you work?
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    It's only two days a week at a take away, not a proper job or anything.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    squeal wrote: »
    It's only two days a week at a take away, not a proper job or anything.


    It sounds really dodgy to me. Do you have a contract, wage slips and are paid at least minimum wage?
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Nope it's cash in hand. It's not dodgy it's just so we don't fuck off and he's left with no staff, atleast if we give notice he has chance to find someone else and £50 will make us give that notice so we get it back.

    I just had a random thought that it's kinda theft coz that money is rightfully mine imo.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Bill him for the interest you'd earn in a good account :).
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    squeal wrote: »
    Nope it's cash in hand. It's not dodgy .

    Cash in hand IS dodgy not to mention normaly associated with pay under the minimum wage, tax evasion, crap accounts keeping etc. And it IS dodgy him keeping your money, very very dodgy, and his reasons for doing are pretty much bollocks.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    squeal wrote: »
    Nope it's cash in hand. It's not dodgy it's just so we don't fuck off and he's left with no staff, atleast if we give notice he has chance to find someone else and £50 will make us give that notice so we get it back.

    I just had a random thought that it's kinda theft coz that money is rightfully mine imo.

    Yes, the money is yours, but you chose to give the money to him. Working 'cash in hand' is, as far as I know, illegal because you're not registered for income tax or national insurance (although I doubt you'd earn enough to go above the tax free threshold). Your employer is breaking the law. You really don't have any comeback if he keeps your £50... it'd pretty much be a case of "£50? What £50?"
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    No, its not theft, you've willingly given him money on those terms.

    It's dodgy though. Both you and your employer are breaking the law in what you are doing, and because of that you have no rights at all. If he doesn't want to pay you, or doesn't want to return the money, tough. There's nothing you can do about it. You can't go to the police about it because you're a criminal too.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Kermit wrote: »
    No, its not theft, you've willingly given him money on those terms.

    It's dodgy though. Both you and your employer are breaking the law in what you are doing, and because of that you have no rights at all. If he doesn't want to pay you, or doesn't want to return the money, tough. There's nothing you can do about it. You can't go to the police about it because you're a criminal too.



    i thought it'd only be illegal if you didn't declare it (in regards to cash in hand work)



    other than that, you are both agreeing to those terms so it's fiar, but illegal on both parts (if you both aren't declaring)
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Cash in hand work in itself is not illegal, but I think it's highly unlikely that the employer is paying the NI contributions and I think it's highly unlikely that the employee is giving a third of all he earns to the lovely people at HMRC. There are regulations regarding the use of PAYE for employers where appropraite, AFAIK.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Kermit wrote: »
    No, its not theft, you've willingly given him money on those terms.

    It's dodgy though. Both you and your employer are breaking the law in what you are doing, and because of that you have no rights at all. If he doesn't want to pay you, or doesn't want to return the money, tough. There's nothing you can do about it. You can't go to the police about it because you're a criminal too.

    You don't know that what they are doing is illegal. Just because you get paid in cash doesn't neccesarily mean they correct amount of income tax and n.i. Altough in this case, it does sound unlikely.

    Also just to not that workers who get paid in cash do still have rights. Because either a. your employer should have employement contracts drawn up to protect you or b. you have rights on the grounds there ARENT any contracts and that your employer isn't actin properly -then you have rights to take it further.

    However, can hardly see it being worth while for £50. I think this is just a nice easy way of your employer having some guarantees to his staffing levels or making £50.
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