Is it legal for an employer to withhold payment if an employee leaves an hour early on a shift they agreed to? | LawHive - Solicitors & Lawyers Online
Is it legal for an employer to withhold payment if an employee leaves an hour early on a shift they agreed to?
There's too much to this story to include in the headline, so I'll elaborate. I texted the owner of this bar on Monday morning, to follow up and see if they still wanted an interview (they cancelled last Monday). I got a phonecall back asking if I would be able to work from 7pm on the night, as well as asked about my general availability. I told him can do most shifts so long as they aren't on weekends, since I have a weekend job, and tend to socialise on those days when I can. He then asked if I would be able to work on Tuesday which said yes to. When I showed up on Monday night, he told me I'm scheduled for Friday 12-5pm. I said I had plans at 5, so I asked if I could meet him halfway and do a 12-4pm instead. He says he's not sure... I'm just confused since this is a 0 hour contract, where I'm legally allowed to turn down a shift. I'm not even refusing the shift, I'm just saying I can't stay past 4pm, which I thought to be a fair compromise. I'm strongly debating on just leaving at 4pm on Friday as bad as it sounds. The whole reason I wanted this job initially was for the flexibility, and I'm trying to be courteous by meeting in the middle, but it's not enough. If I were to leave an hour earlier on Friday, how would I be penalised? If I lose my job, that's fair, I wasn't planning on sticking around the way it's been going. I just hope I can at least receive payment for the 2 shifts I've done so far. It's also worth mentioning that I haven't signed any contracts yet. I asked at the end of my first shift if he needs my bank details or anything. He said it's just cash in hand... Everything about this so far feels illegal, so I'm worried he'll just withhold payment.

Thomas Smith

19th October 2021


Top Answer
You can refuse the shift, or leave before your shift officially ends, but then they don't have to give you any further shifts ever, and that's the end of it. If you didn't get payment for the shifts done you would go to ACAS and seek repayment that way.

Helen Green

11th February 2022



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