All car wash operators will comply with legislation relating to the employment of workers. All operators will be able to demonstrate the following, ensuring:

Work is voluntary:

All employees have the legal right to work:

  • Checking legal right to work for all employees and keeping a photocopy of the original right to work documentation for every single worker. If an ID card is provided, ensure a copy of both sides are taken (Checking a job applicant’s right to work documents)
  • Car wash owners must not retain identity papers (except when it is necessary to check a worker’s entitlement to work in the UK, and then only until the check is complete). Copies of documentation held must be stored safely and securely at all times

All employees have correct terms of work, including the hours they work:

  • Recording and keeping safe terms and conditions of employment contracts for every worker as well as personal details including name, address and, if under 22, date of birth
  • Defining working hours by contract (minimum [8] hours per week at least) and ensuring that hours do not exceed 48 hours per week (or 60 hours per week including overtime) (Maximum weekly working hours)
  • Any overtime is voluntary, agreed in writing and paid at a premium rate; everybody to get at least 1 day off in every 7. An employee must be able to amend or cancel any overtime agreement (Overtime: your rights)

Operators must demonstrate that they pay all employees appropriately and keep detailed records:

  • All employees are registered with HMRC and have a valid PAYE number, accurately calculating and deducting tax, NI etc. from all employees’ pay and paying this amount to HMRC in a timely manner (PAYE Online for employers)
  • Paying National Minimum Wage / National Living Wage as a minimum (National Minimum Wage and National Living Wage rates), with no unauthorised deductions or offsets (Understanding your pay)
  • Keeping accurate records of hours worked (or parts thereof) for each and every worker employed at the site (full-time, part-time, trial, seasonal etc.) (PAYE and payroll for employers)
  • Ensuring all time worked (to the minute) is paid in full via PAYE
  • Providing clear and itemised payslips for every employee at or before the time when wages/salary paid. Payslips must specify gross and net amounts of earnings and the amounts/purposes of any deductions (Help for small firms: Handling pay and wages)
  • The car wash owner must not withhold or threaten to withhold the whole or part of any payment due to any worker in respect of any matter within the control of the car wash owner

Operators must ensure that employees have proper employment rights and benefits:

Whilst it is not recommended, if any operators do provide accommodation for their employees, they will be expected to demonstrate:

  • That any accommodation provided for workers meets building controls, has appropriate planning permission (including where such accommodation includes temporary structures), and be appropriately licensed
  • Where the accommodation is designated as a House of Multiple Occupation or meets the criteria for any additional housing discretionary licensing operating in the jurisdiction of the Local Authority where the car wash is situated
  • If deductions are made for the provision of accommodation, they must be compliant with National Minimum Wage Offset guidelines

If an Operator provides employees transport, the operator will need to demonstrate:

  • That the transport for the employees is optional, and any charge for transport does not breach  NMW offset guidelines
  • That the vehicle used is fully insured, has an MOT and that the driver has a valid licence to drive in the UK

Best practice:

Responsible car wash owner agrees to operate compliant and ethical employment practices, treating their employees fairly, with dignity and respect.  It is well documented that employees who are recognised, rewarded and valued by their employers will help to create a better business for their employer – and this is particularly the case where there is so much interaction with customers by employees.  Responsible car wash owners seek to train, coach and reward their workers to develop a culture of trust and fairness. Responsible car wash owners will allow workers to have a ‘workers voice’ representation in order for issues to be raised and resolved together. They will also have  a clear policy set out to manage missconduct.