Are my husband's employers breaking the law?

[gregssausageroll]

My husband earns a set wage everyweek and basically worked 40 hours most weeks.

2 months ago he was asked to cover a shift starting at 7.30 but not finishing until 6.10 pm so an 10 hour 40 minute shift!

He's gone into work today and he's doing the same shift again for the 9th week in a row which means a 52 hour week. He's been told that this is his shift and his contract states additional hours as and when required. There is no end in sight for this shift he's on (despite other staff still doing the 40 hour a week).

Basically because he's on a set weekly wage when he was doing 40 hours a week he was over minimum wage but with 52 hours a week he is less - is this legal?

We're both knackered, cross and fedup of the situation. He's going to try and talk to the boss tomorrow if he's actually in the yard rather than being out and about.

I do know that the minum wage will be taken into account when buying things on schemes - for example vouchers for chidlcare and vouchers for buying bikes - as I work part time I don't qualify as it would take my "real" wage below minium wage. Even though I would be choosing to do so, i forbiden.

So I would check out further and would be inclined to report this to the union

Acas are good. Google them. They have the complete and up to date employment laws and can advise.

ACAS can be a bit hit and miss...

It is illegal for overtime to take employees below the national minimum wage. If unpaid overtime would take someone below minimum wage and you ask them to work overtime, you have to pay them enough for those hours to take them back up to minimum wage. Otherwise it would be a massive loophole in the law.

Also, I would have said that at his level of earning, indefinitely working 12 additional hours is unlikely to be reasonable. I agree that his first step is to speak to his boss, if that doesn't work, does he have HR or a union?

It is a small private company - very male dominated firm. No HR and no union. We fear speaking up may cause problems but we will see.

THank you.

basically, they are taking the piss aren't they.
in addition to the total piss take of asking him to do it;

• they are abusing the NMW legislation
• they are abusing the working time directive re 48 hrs (although this is averaged over 17 weeks)

What does his contract say?

Does it mention paid over time or anything?

That he gets a standard amount every week.

Shifts and hours are as notified by management.

Overtime isn't paid so effectively if they say his week is 52 hours that is it. He doesn't mind a 52 hour week - but that was when it was once every 3 weeks or so.

If he isn't being paid overtime and shift extends to mean hourly wage is less than minimum wage his employer is breaking the law - if you are afraid of the consequences of speaking up - think about it like this - they are shafting you and your husband royally and paying him less than he would get on benefit - what have you really got to lose?

Thank you. I meant to say he did this shift previously every 3 months not 3 weeks.

Does the 17 week thing apply here then?

Sounds like they're breaching the Working Time Directive too - 48hr week maximum.

Has he opted out of the working time directive? Most companies ask people to do that when joining. Other than that, it doesn't sound very different to any salaried job to me.

52 hours isn't especially horrendous once in a while, but week after week it certainly is, especially on such a low salary.

I agree with Heroine. Your husband doesn't exactly have much to lose at the moment, he is receiving less than minimum wae and working all hours.