need some advice on my partners job / pay!

morgansmummy1809

Hello,

My partner works in a shop and i only found out today that he doesn't get paid for the last 30 mins that he works!!!

Personally i think that this is completely wrong, not only this but he is expected to be in work 10 mins early in the morning and then he is supposed to fin at 6.30 (yet only paid until 6) and he is out at about 6.40-6.45 every day. So he is basically working an extra hour that he doesn't get paid for!!

Does anyone know if this is legally ok?? Apparantly his work say that they are bale to keep them at work for 30 mins without paying them, but to me it seems wrong for someone to work and not get paid.

I did tell him that he should just leave at 6 if that is all he gets paid for, but he is a 'flexi worker' so basically they wont give him hours if he does anything wrong, and with 2 kids to support on just his wages it isn't possible.

I would be greatful of any advice.

Lisa

DCFC79

You say they want him to be in work 10 minutes early so does he start 10 minutes earlier then, i dont think theres anything wrong with them asking he turns up for work 10 mins early so your OH can get himself ready before he starts work eg go to the loo etc, i know when i worked at aldi we were asked to be there 10-15 mins before our shift started so we could go to the loo, get a drink, put our uniform on etc

LittleVoice

What rate of pay does he receive? That is, would he still be receiving at least NMR rate if you take the extra half-hour into account?

morgansmummy1809

he gets paid NMW so no it doesn't cover that last 30mins. He goes into work 10 mins early and puts his coat upstairs and then starts. They also get VERY funny if he doesn't get in early and have offered to sack him due to him not being there early.

cte1111

The extra 30 minutes unpaid at the end of the day is definitely not legal. Asking people to be early enough to get ready, and get changed at the end of the day is more of a grey area, but finishing work at 6.30pm and only paying to 6pm is not allowed. They are effectively paying less than the NMW, so could be reported for this.

He could try contacting the NMW helpline for more advice: http://www.direct.gov.uk/en/Dl1/Directories/DG_10010999

LittleVoice

How long has he worked there?

Though normally an employee has few rights against dismissal within the first year, if it came to the worst and he were dismissed on the basis that he was claiming to be paid for the 30 mins in order to achieve minimum wage overall then that would give him a case for an unfair dismissal even in the first year. It would be on the grounds of asserting his statutory rights.

mazza111

Are you remembering to take time off for his lunch break whilst calculating his hours? I know that might sound daft but had to explain to my darling daughter that she wasn't paid for this time.

Most jobs expect you to be there 10 minutes early so you are ready and willing when the shop opens/shift begins.

morgansmummy1809

LittleVoice wrote: »

How long has he worked there?

Though normally an employee has few rights against dismissal within the first year, if it came to the worst and he were dismissed on the basis that he was claiming to be paid for the 30 mins in order to achieve minimum wage overall then that would give him a case for an unfair dismissal even in the first year. It would be on the grounds of asserting his statutory rights.

He worked there for 5 years but got a different job in aug 07 so left and then after loosing his job he returned in June 08.

I am also taking into account his break of 45mins when working out his wage as i thought that this was the mistake he was making.

LittleVoice

OK. So he can only count back to June 2008 for continuity of employment as he broke his service for some months.