Employment law question regarding pay.

[V.Rossi]

I started a job in May and was offered a salary which I took, this worked out as salaries often do, that I was working more hours than I would have been otherwise and as a result was being paid well below the NMW, but this wasn't a problem as I had a set wage coming in every week. Unfortunately 6 weeks later we lost our baby and I was off for 3 weeks (Unpaid), when I returned to work the management had been replaced with 2 guys who's only goal was to make cuts and save the company money.

 

Since my return, my hours have been cut from 77 per week right down to around 16, and I have been made hourly rate, none of this was optional, it just happened.

 

Are they legally allowed to do this, or would I have a case if I was to take them to tribunal. If I did then there are also a few other things that I could bring up such as never having signed an opt out agreement to work over 48hrs.

 

Thanks.

[LeMaquis]

As you've only been there a couple of months your employment law protection is limited. You may have to argue that a statutory right has been breached, eg you've been a victim of unlawful discrimination such as based on sex, race or disability. Not knowing your background I couldn't be sure. If you're not in a union I'd contact an advice centre so see http://www.advicesheffield.org.uk/get-advice/find-an-advice-service.

[V.Rossi]

There's been no discrimination, I haven't been singled out in any way, the same has happened to all the others doing my job, but I was the only one that jumped at the opportunity of salary.

[becky_s]

How many hours does your contract state you should work?

[Binster]

I started a job in May and was offered a salary which I took, this worked out as salaries often do, that I was working more hours than I would have been otherwise and as a result was being paid well below the NMW, but this wasn't a problem as I had a set wage coming in every week.

 

1. The statutory national minimum pay is £6.08 an hour for those over 21. This must be paid no matter if you work 16 hours or 60. It is illegal to say your pay is fixed based upon 40 hours and then expect you to work many more without additional payment - thus diluting this minimum.

 

2. You must sign an opt out of the statutory working time directive in order to legally work more that 48 hours a week, averaged over 17 weeks. If you have not done so then any expectation that your will do this is technically illegal.

 

Since my return, my hours have been cut from 77 per week right down to around 16, and I have been made hourly rate, none of this was optional, it just happened.

 

Are they legally allowed to do this, or would I have a case if I was to take them to tribunal. If I did then there are also a few other things that I could bring up such as never having signed an opt out agreement to work over 48hrs.

 

Thanks.

 

3. They must employ you at the number of contracted hours as per your terms and conditions. If your contract says 16 hours, that would be legal.

 

4. It sounds like they are in breach. I would suggest leaving on grounds of constructive dissmissal and see how far they jump. It sounds like a rubbish job anyway.

[pottedplant]

As you've only been there a couple of months your employment law protection is limited. You may have to argue that a statutory right has been breached, eg you've been a victim of unlawful discrimination such as based on sex, race or disability. Not knowing your background I couldn't be sure. If you're not in a union I'd contact an advice centre so see http://www.advicesheffield.org.uk/get-advice/find-an-advice-service.

 

Not when it comes to pay. It is illegal to pay below the NMW - here is an advice line:

 

Pay and Work Rights Helpline

For confidential help and advice on the NMW call 0800 917 2368

[HeadingNorth]

1. The statutory national minimum pay is £6.08 an hour for those over 21. This must be paid no matter if you work 16 hours or 60. It is illegal to say your pay is fixed based upon 40 hours and then expect you to work many more without additional payment - thus diluting this minimum.

 

Am I right in thinking that, for all those weeks in which his weekly wage divided by the hours worked comes to less than NMW, they are legally required to pay him the difference? Even now, two to three months after it happened?

[Binster]

Am I right in thinking that, for all those weeks in which his weekly wage divided by the hours worked comes to less than NMW, they are legally required to pay him the difference? Even now, two to three months after it happened?

 

In principle, if the case came to an independent employment tribunal or came to litigation this may be the case. However, in practice it is unlikely that he will be able to recover this. There are a great many unscruplious employers out there flouting the law and vicimising desperate people in these times of economic difficulty. That's the entire point of the NMW.

[MobileB]

I think the important thing is what it states on the Contract of Employment. The ops states they were salaried but working 77 hours per week. How many hours did it state on the contract to make up the salary? Often contracts state they hours are required to suit the job so then the question becomes how many hours make up the National Minimum Wage and from that point how were the extra hours accounted for? Was it the Op doing the extra hours voluntarily because they had a heavy workload for instance? The employer still has a duty of care and 77 is quite excessive.

 

But one step at a time, the first question is contract terms.