Hey there,

I wonder if someone can help me with a problem I am having at work.

Today it has been revealed that £50 worth of cigarettes have gone missing just lately, and our area manager wants to close the shop for a while and suspend us.

We don't know if we're going to get paid or not.

I am not responsible for stealing the cigarettes, and of course she has no evidence to suspect otherwise, so I want to know if it is legal for her to suspend us all without pay, especially when we have done nothing wrong?

I cannot search for another job as I am moving towns in about a month, so it is very unlikely anyone would take me on.

I am relying on this money for the first installment of rent for my new flat when I move, and if I don't get paid because of something I haven't done, I won't be able to afford my flat, and I'm not sure what I'll be able to do!

Any suggestions, would be very helpful, as I can lobby this information at her, saying she can't suspend us without pay just because *Someone* who is not me, is stealing cigarettes.

Thankyou in anticipation,

Ames x

I don't know UK law...

However, simply don't tell a prospective employer that you have intentions of moving...

Well, it will be pretty obvious, when I move, plus to be honest, you usually have to work like a month trial or something like that, and give 2 weeks notice, and I have to start looking for a job, and to get one could take up to 2 weeks, by this time I have 2 weeks left, and be leaving in another 2 weeks - pretty pointless.

Did you sign a contract when you were hired? If so, does anything in it cover this situation?

We don't sign a contract, but we do have a contract, unfortunately I do not know where mine is.

I am on a 32 hour contract, so in my opinion I should get at least 32 hours paid every week if she suspends us.

Maybe it will be a good idea to talk with a lawyer about it.

I can't afford a lawyer....

In Denmark it is possible to get one for free if you cant afford it. I feel sorry for you.

Well we can get one for "free" technically on Legal Aid but this is a long process, I leave these messages in the hope that someone will be able to simply tell me if this is illegal or legal.

It cant possibly be legal to just take your paycheck with no evidence.

Well I won't be working, so technically I won't be owed anything, but then again I also have no way of earning money, so I think we should be compensated for loss of earnings, but I can imagine this company trying to get away with this, for instance they don't let us have lunchbreaks in 8 hours, and I have been known not to have one in 11 hours before....

Move to Denmark this sh** will never happen here. Sorry cant help you.

Oh well, thanks anywho

It's only 50 pounds(I'm not sure how to make that pound sign ), isnt that like $25 or something? IMO, your manager's being a little cheap

No, it's more like $100.

And it's not an acceptable loss every week.... That means someone is stealing roughly 10 packets every week, and making £50 a week off them illegally....

Oops... I forgot it's $2 for every pound, not $1 for 2 pounds . What I would do is seduce him with like a brand new box, but instead of cigarettes in it, put a tracking device or something that explodes in it Kinda like the ink things that stores use for clothes

1000 POSTS!!! wOOt w00t!

How are you going to put tracking devices in all the cigarettes, when we sell them to the customers, they are going to be exploding in their faces?

Yeh, great.

Anyway, this doesn't answer my question.

-Post removed-

I'm not sure how it is in the UK, but in the US most companies hire their employees as "at will" employees. This means that at any time an employer can choose to terminate w/out even giving a reason (and an employee can quit w/out giving one either). It basically means that you are not legally obligated to be with the company by either's choice.

If a company lets you go (for a reason that is not in violation of discrimantory laws for protected groups; again, not sure how the laws are for the UK) you can still apply for uneployment and get benefits, but the company does not have to maintain your employment.

I'm sorry to hear about yout plight, Ames. That's a really crappy situation. Maybe someone here will know the laws of your country better than I and can give some helpful advice.

well i know about unfair dismissal, but this is unfair suspension, so it may be different

Call your local labor board, they will tell you if it's legal or not!

I'm not sure about suspension without pay, I think it depends whats in your contract if I were you I'd do my best to get my hands on a copy.

However, 8 hours without a lunchbreak IS illegal


Source: www.employment-solicitors.co.uk

I recommend browsing this website for the answer to your problem, I seriously doubt it is legal for someone to be suspended WITHOUT pay and not have a serious amount of evidence stacked against them but I cant prove it:
Employment Law

Good luck, hope it all works out, if you ask me it all sounds like a big hullabaloo over £50 of cigarettes, in the shop I used to work at £20 of fags a day was going missing and I was wrongly accused of that.

Back then that was five or six packets, and I only worked Saturdays, so to steal an average of £20 a day I'd of had to walk out the shop with £140 worth in one shift, that's 35-40 packets supposedly stuck down my pants - yeah right

I know its a hullaballoo, I can understand theyre annoyed about it, but to muck up people's life like that is complete and utter crap.

The only thing is with the breaks, I couldn't get a break because there was no one to cover the till for me, so I didn't really have much choice, and if I closed the shop for 20 mins, I would surely get the sack.

Actually, if you stopped working for twenty minutes after 6 hours work they can't legally sack you, and if they did sack you you'd be entitled to unfair dismissal compensation.

However, it's all about having the balls to do it, I used to throw legal jargen at my emplyers all the time, 9 times out of 10 they'd always make time for me to have my break.

If however you are going to take an entitled yet disallowed break, or are going to take legal action against your boss make sure you have a spotless employment record. If you are lazy, late to arrive, early to leave, or incompetent at your job these things can count against you in a court of law.

(Ames, I'm in no way implying you are any of those things, it's just an example )

Also, my I advise should you leave this job in pursuit of another one, make sure you're clear on the companies lunchbreak policy and suspension policy before you start or sign anything, generally when it comes down to money if employers can screw you over, they will

Thanks for your advice,
I do have spotless employment record, in fact it has been my one and only job, I always turn up on time, my tills always balance and I do the job to the best of my ability.

Hopefully it won't come down to us all getting suspended, but it's good to know that it would be illegal for her not to pay us, without good evidence that we are doing something wrong like stealing the cigarettes.

I think she will eventually see sense that sacking everyone is no way to go about a somewhat trivial loss, but you never know with some people. After about a months time, she can do what she likes though cos I'll have moved cities, and thus out of the job - huzzah!

Ames x

It's not legal to suspend you when no evidence is presented. You can sue her for false suspension and win easily.

Seems to me u can call the labor board in ur area..and if ur able get free advice from a lawyer if the first visit is free?? Best of luck to you. Seems also she has to pay u for what hrs u worked tho..keep us posted.