Need help figuring something out maths

[Littlebunnyboy130]

Please could someone help me with some maths....
AIBU thinking my employer is taking the mick.
I am paid the equivalent of £6000 a year for being Oncall 247 everyday night and weekend.. I have to be ready to respond to an emergency and can't leave vicinity of work (can pop to shops) Minus 24 hours a week, and 48 hours a month. I need to figure out if I'm being paid national minimum wage.

I also work a 37hour a week contract at 20k but have to do over as I'm the only member of staff. I have not opted out of the EU working time directive, I am exhausted. This contract requires I work every day of the week minus one day a week and 48 hours a month.

Hope this makes sense.

It sounds like you aren't being paid to work, you are being paid a retainer. Do you get paid extra if you do get called out?

What penny said.

You need employment law advice. I suspect a retainer has no legal wage requirement.

Need more information. When you are 'on call' can you be at home doing your regular home activities? Or do you have to be in an office. There is a massive difference between being on call in your house so they call and wake you up to handle something that happens a few times a year vs. having to sit at a desk in your office.

Thanks for the replies. Oncall in my home which is on work premises. I have to respond anytime phone rings and deal with it.

Usually I get texted a few times every night and respond (decide if emergency). Also have to be onsite and respond to pager in case of fire alarm.

Are you a House Parent?

It isn't my area of expertise but I do know that our house parents are paid less than the minimum wage when they're on call but not on duty.

Similarly to you, they would need to be on the premises (where they also live) but not 'at work' or have any duties as a matter of course.

Hey Invictus, I'm a house master. So I'm not a foster career or foster provider/house parent. I don't get paid extra if I get called out. I'm just so tired, not sure if it's legal to have me working so much :/

Again, the legalities aren't my area but what I do know;

Staff are paid x salary every month including holidays. The salaried hours don't include the time they're on duty overnight i.e their hours 'end' at 10pm and don't begin until 6am.

Staff are paid an extra hourly amount when the on-duty parent.

Staff are paid an extra hourly amount when the on-call parent.

How many weeks a year do you work? If only term time (35 weeks?) then the salary puts you well into figures above the minimum wage. That's before the extra 6,000 plus time off.

If you feel you're overworked then approach your line manager. If you don't get proper employment law advice from this post the CAB would be a good idea wrt the legalities of what you're being paid.

Thank you....I work 47 weeks a year (get the basic annual leave entitlement).

Sorry for multiple posts the 20k a year is for my 37 hour a week of 20 hours admin and 17 hours pastoral work but that's isn't enough time to meet all responsibilities I have so I'm working full 8 hours a day, once I go over 20 hours a week I write it down as toil. I

I think you should try somewhere like ACAS for advice, they know it inside out.

Is the amount you are paid before or after any deductions for board and lodgings? I would assume that if you are provided with accomodation on site, you have to pay for it. Ditto for any meals.

There is a maximum amount that can be deducted when considering whether or not someone earns NMW. Is there anything useful in this link?

www.gov.uk/national-minimum-wage-accommodation

If you get less than 28 days annual leave and are in the UK, that is less than the legal requirement.

You say you write some of the time you work as TOIL. Do you ever get to take TOIL that accumulates?

Are you the only person at the school(?) doing this role, or are there others? Is the work being shared out fairly? Could it be done on a rota so you all have some undisturbed nights?

Are people calling you unnecessarily, for things that can wait until morning? Is it worth raising this in assemblies or by other means - pupils should only call the house master in an emergency and should wait until morning if not.

I've spoken to ACAS who say I need to figure out if the 6k equal minimum wage.
RE annual leave, didn't know it was 28! I get 23 days! Thank you.
I can't take my toil as there is only one week of the year we can take it all, per year and I have already accrued too much so won't be able to fit it all in that week.
I'm the only person doing this role....
Pupils only contact me after 9pm in case of emergency, they can contact me with anything before 9pm.
Thank you all!