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Original poster

Paid under nmw

82 replies

msgrinch · 26/12/2015 20:01

I work 40hours a week and earn £11,000. This has gone up from £10,000 since I made a complaint to the shop owner about my salary.

I have reported her to the directgov email address I found (as have local businesses), nothing has come of this. I raised a grievance with my manager, on ACAS advice, and again nothing has happened. There are only 4 employees in the business, two cash in hand Saturday staff.

I don't know what else to do, I adore my actual job and sadly am looking for other things but after a year there its frustrating knowing how much I've missed out on. I would have left sooner but jobs seem to be thin on the ground here.

My mum has suggested emailing my MP. Does anyone have any advice? I know the owner will sack me if I keep going on at her.

OP posts:
Notrevealingmyidentity · 26/12/2015 20:04

Just tell her she's breaking the law and you will take steps if she does not rectify it and give you the back pay she owes you.

She doesn't need to know what you've done already.

Do you get payslips ?

Original poster
msgrinch · 26/12/2015 20:12

I don't think She cares to be honest. I do get payslips, never on time and usually in bulk after a few months, they literally just have my salary and then take home pay on.

I recently had to complain as she had my NI number down as hers.

OP posts:
Notrevealingmyidentity · 26/12/2015 20:13

She will when you threaten to take her to a small claims court. I'm sure you can do that.

LIZS · 26/12/2015 20:15

Tbh I'd also be concerned that you aren't getting your ni contributions and tax deducted properly. Are you able to check? The cash in hand staff also sounds dodgy. If it is retail work can you join the union?

Original poster
msgrinch · 26/12/2015 20:21

It is retail. I probably should have name changed but sod it. I work in a bridal shop. I don't know much about unions, would there be one to cover my job? It would help to have someone on my side.

The cash in hand girls are 16 and 19 and just work Saturday. I too am concerned about my tax and ni contribution, she was also supposed to set up the pension but hasn't and at 26 it's something I'd like to start. There's the owner, my manager (who is paid very well) and another full time employee who is on less than me as she's new.

ACAS were helpful but it's hard to push things when there's no HR or anything. I've taken on an extra bar job, which I'm getting ready for now, just to pay for my after school childcare for D'S.

OP posts:
Original poster
msgrinch · 26/12/2015 20:23

I do have a couple of payslips on me I could check, if anyone could advise on what to be looking for. They're very basic.

And yes, more than happy to go to small claims court if needs be.

OP posts:
ItsAllGoingToBeFine · 26/12/2015 20:26

Have you reported her to HMRC?

Original poster
msgrinch · 26/12/2015 20:30

Yes, I reported her in April to hmrc. Im concerned that when I do my working tax credits review they'll think I'm not working the hours that I am, as my payslips have no hours on just the monthly amount. So it looks low. I have a job offer letter but no contract, because she's "too busy" too sort that out, even though I've asked every week.

OP posts:
LIZS · 26/12/2015 20:32

Payslips can be basic - show gross pay including overtime, sick pay, holiday pay plus deductions for ni, tax, pension to give net pay. Some will include info like annual salary and hours and holiday accrued/taken.

Usdaw is the relevant Union. I thought workplace pensions were offered compulsory with you needing to opt out now but the company may not be large enough. However ifshe isn't paying your tax and ni correctly (may be deducting from you and not passing it on, for example) she may well not be paying VAT and income tax properly so hmrc can investigate.

confusedandemployed · 26/12/2015 20:33

msgrinch I remember your first thread about this. I'm so sorry things aren't much better.

I think all you can do is speak to HMRC again. I also think the MP is not a bad idea.

Employers like this really grip my shit.

Original poster
msgrinch · 26/12/2015 20:36

Thank you so much for the union information. That's a real help. My manager was saying how the owner should be sorting the pension out but "can't be arsed". It's all a bit of a shambles there, we recently had a disaster and had to put in a very large insurance claim. Which as you can probably guess was all fiddled in her benefit.

OP posts:
Original poster
msgrinch · 26/12/2015 20:38

confused Happy Christmas. Thank you, apart from a little rise nothings changed. So sad when you actually love the job. Turning out at 9.30pm on Boxing Day to work at a night club just to make up money is crap.

OP posts:
ivykaty44 · 26/12/2015 20:43

Get your MP in on this

Write and set out the hours you work, the pay you receive and how long you have worked for this person.

Explain that you want this to stay anonymous as you fear being sacked. But ask why nothing has been done and when you can expect this person to be forced to follow the law as in April the rates rise.

PhoenixRises · 26/12/2015 20:47

The Union for retail is USDAW but they won't take on an ongoing case iyswim. Sort of like an insurer won't pay out after an accident if you don't have a claim.

Original poster
msgrinch · 26/12/2015 20:54

I think maybe emailing my MP would be the best bet. I feel like I'm hitting my head against a wall at the moment.

OP posts:
ivykaty44 · 26/12/2015 21:18

PP if op joins the union she will still be being paid under the nmw so the union should assist her with advise in what and how to tackle this issue

Temporaryanonymity · 26/12/2015 21:27

What do you expect your MP to do? Apart from writing a strongly worded letter they have no power to force your employer to comply.

You'll need to submit an employment tribunal claim.

balletgirlmum · 26/12/2015 21:32

With regards to the pension it may be she hasn't yet reached her staging date. Ours is next April for example.

Do you get a P60 at the end of each financial year? It's a legal requirement to give them out.

Don't be fobbed off by HMRC. Contact them again & also contact ACAS for advice. You can take your employer to a tribunal but you need to go through ACAS first.

ivykaty44 · 27/12/2015 08:39

Temp

I would expect ops MP to contact the relevant minister that is in charge of the organisation responsible for not paying the nmw and find out what is happening about this case.

As nothing has happened when the op has informed the organisation herselfshe needs help and her MP can be contacted and will be able to make enquiries on her behalf.

It is a normal course of action if you have a government organisation not responding to a case if illegally not paying NMW

Footle · 27/12/2015 14:56

Isn't it rather worrying that the employer is misusing the OP's NI number ?

Original poster
msgrinch · 27/12/2015 15:02

Hi, thanks for all the replies. I haven't received a P60 from them at all. I will contact HMRC again and see if I get any joy this time, and ACAS again to get advice on a tribunal.

I spoke to the owner of the night club I'm working at as a second job and he's going to see if he could find hours in the office for me during the daytime. He was pretty digusted when I told him about it all and has offered to help in any way he can, he's seeing if he can check tax etc for me from his side of things.

OP posts:
balletgirlmum · 27/12/2015 15:03

It is worrying but more as an indication that the employer is possibly not declaring stuff. Under RTI everything is online & automated & NI numbers are checked against the system. You shouldn't be able to use a wrong NI number.

OP - did you get a P60 last year?

balletgirlmum · 27/12/2015 15:06

cross posted.

It sounds very much like your employer is not declaring you then & possibly not even running PAYE at all. You are allowed not to run PAYE & RTI if all employees earn under the lower earning level but if you are earning £11k you are just above that level

balletgirlmum · 27/12/2015 15:08

What's your tax code on your second job? And do your payslips from your first job show a tax code at all?

Original poster
msgrinch · 27/12/2015 15:15

I was wondering if that's why she was wanting to pay us all £10000. I'll have a look at my payslip now.

OP posts:
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