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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:
Original poster
msgrinch · 27/12/2015 16:01

Thank you! That's so kind of you. I've let it go on for too long thinking it would be sorted but it's clear it won't. It's awful to think how much money I've lost over the last year where she hasn't paid nmw. New years resolution is to get this sorted.

OP posts:
Original poster
msgrinch · 27/12/2015 16:03

Xpost. That was a major concern for me, I have one DS but I would like another baby at some point and thinking about maternity pay etc made me worry, as there's no way financially I could consider it for a while.

OP posts:
balletgirlmum · 27/12/2015 16:05

You should be paid a minimum of £13936 for 40 hours a week. And that's before the living wage comes in in April.

Original poster
msgrinch · 27/12/2015 16:08

So nearly £4000 I've basically lost out on this year. Oh thats a massive blow.

OP posts:
balletgirlmum · 27/12/2015 16:09

That's gross of course. You would have some tax & NI deducted.

TonySopranosVest · 27/12/2015 16:10

[https://www.gov.uk/national-minimum-wage/worker-disputes-over-minimum-wage clicky]]

TonySopranosVest · 27/12/2015 16:10

Argh. clicky

Original poster
msgrinch · 27/12/2015 16:12

Of course. Oh what a mess. I will definitely get on to HMRC on Tuesday, hopefully they will chase her this time. She can't keep getting away with this. It's not just me it's the new employee as well.

OP posts:
ivykaty44 · 28/12/2015 05:26

Not receiving wage slips is also illegal

To add to the fact this employer is not paying nmw or paying ni

Op let us know how you get on.

I would email your hmrc and copy in your MP as you didn't hear back last time.....

confusedandemployed · 28/12/2015 07:44

She is still liable to pay you the underpayment - that is your money. Chase it all up as per PP advice.
HMRC can (should?!) issue a demand for the underpayment on your behalf and could even take your boss to court for it.

Original poster
msgrinch · 28/12/2015 07:47

Thank you all again for the advice. I will call HMRC and ACAS tomorrow and let you know how it goes.

OP posts:
insancerre · 28/12/2015 08:18

Howdo you record your hours worked?
Do you have time sheets or a rota?
Do you have to sign in and out?
Just concerned your employer may get away with underpaying you if you can't prove you have worked the hours you claim m
What hours do you work?

Original poster
msgrinch · 28/12/2015 08:35

We work the same hours every week. 9-5 Tues - Sat. It says on my offer letter but no time sheet etc.

OP posts:
LIZS · 28/12/2015 08:40

9-5 isn't 8 working hours though, your breaks (20 minutes minimum) could be unpaid. Does your letter state the hourly rate?

insancerre · 28/12/2015 08:40

Do you get a paid lunch break?
Where I work a 9-5 shift would be 7 hours paid with an hours unpaid lunch break.

Original poster
msgrinch · 28/12/2015 08:43

We don't get a lunch break or breaks. We eat on the shop floor when there's no appointments and go out for the odd cigarette together if it's quiet.

OP posts:
insancerre · 28/12/2015 08:46

You legally are entitled to at least a 20 minute break if you work more than 6 hours. Its 4 hours for under 18s

LIZS · 28/12/2015 08:46

Legally you are entitled to a break , iirc it is after 6 hours max.

Original poster
msgrinch · 28/12/2015 08:49

I'm not too bothered about that as we get to each lunch and it's hard when we have appointments to fit time in to go anywhere for a break.

OP posts:
LIZS · 28/12/2015 08:52

But you are missing the point, unless your letter defines that such breaks are paid , it will be assumed that they are available and they are unpaid, so your hours are not 40 a week. Is there no back room/kitchen area ? I wouldn't have thought eating in a bridal shop was ideal . It still puts the rate below nmw but you could and should enforce your right to a break, even if just to walk around the block.

LIZS · 28/12/2015 08:55

www.gov.uk/rest-breaks-work/overview

insancerre · 28/12/2015 09:01

You might find that she is not paying for your lunch break and your cigarette breaks maybe unpaid too. Its not unreasonable to assume an hour and a half of your worked day is actually unpaid, that's an hours lunch and a 15 minute break in the morning and afternoon
Your 8 hour day could be a 6 and 1\2 hour day
Do you have 12 pay days? Its not 13 is it?
Do you get 28 days holiday?

Original poster
msgrinch · 28/12/2015 09:11

Breaks are paid it's in the offer letter and explains why etc. We have 28days holiday and 12 pay days. No kitchen etc as it's a small shop.

OP posts:
insancerre · 28/12/2015 09:22

Its good you have all that written down
I would ask her out straight by email if possible what your actual hourly rate is

confusedandemployed · 28/12/2015 11:52

Ye gods this just gets worse. A quick bite on the shop floor doesn't constitute a break and she's now breaking the Working Time Regulations as well.

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