Help Please

cananyoneadvisemeplease

I hope someone can help me with this situation please

I was offered a job in January working for a new Company on a Commission only basis. I confirmed this WASNT self employed, the business is telesales and i asked when we would be paid, how we would be paid etc at interview and was told that we would be 'employed' and working 9-5 in the office, commission only.
I was told the employer had checked and clarified this was possible for us to be 'employed' as the employer wanted us to benefit from holiday pay etc...

Now, I know, knew and assumed by being offered a job like this that i was not more 'in the know' than my employer, and had they offered the job to me/us having 'checked it out' then why would i question it?

Roll on a month, payday looming and the 'other' employee tells me we arent going to get paid, totally puts me on the spot. Im a single parent, no benefits and ive been working full time, for nothing. He didnt come in to work yesterday or today.

I dont dont what to do, im due to pay my rent on monday and am expecting at least a salary of minimum wage, i only earnt £300 commission and im only due a percentage of this. My employer told me catergorically today, i will recieve commission only, this was what i agreed? But why am i working 9-5 with only a 20 minute break if Im this is this case? Im due NMW surely?

Please help me with what to do next please.
Thankyou, Kate

blueye

im about 90% sure that not paying you is breaking nmw law even if your are working on a commision only basis

cananyoneadvisemeplease

Thankyou, this is what I believed to be the case from the beginning of my employment, but dont know how to approach the situation after the other employee was 'let go' and I kept quiet, intimidated by the whole situation. Im really panicking, Ive not had any income at all and was just waiting for the end of the month to be able to pay my rent.

cazziebo

Give ACAS a call in the morning and they will talk you through the steps to take. Effectively, your "employer" is avoiding employer's liabilities and both BERR and HMRC are really tough on that these days.

It's unethical, exploitative and they shouldn't be allowed to get away with it. They will no doubt argue that you are self employed and therefore NMW won't apply but it they are providing all the tools, all the direction, management control AND it's full time then you are employed.