Getting paid less than minimum wage

leeds_manc

Hi guys, I searched but didn't find a relevant thread.

I'm getting paid less than minimum wage, doing 50 hours a week rather than the advertised 40, I'm happy to continue in the job but I was wondering would I be able to claim some money off my employers after i quit? Don't want to lose my job yet but still want to be paid a fair wage.

Thanks for any help!

Mudd14

How are you being paid less than minimum wage? (bit more info on this is needed) Are you being made to work 50 hrs rather than 40? ie not your choice? If so did you opt out of the working time regulations?

leeds_manc

I have not opted out of anything, I'm working 50 hours a week and getting paid for 40, therefore my pay works out at £4.60 ph. min wage for me is £5.73.

jenando999

Why are you working the extra 10 hours if you know you are not going to get paid? Your employer can't force you to work unpaid overtime, so you should take this up with your manager instead of waiting until you leave then trying to make a claim. If your pay slips state that you are working 40 hours at minimum wage then it will be hard to prove otherwise.

grey_lady

How about you put in an overtime claim for the extra hours?

Pound

Have a look at this page to see how to make a complaint:

http://www.hmrc.gov.uk/nmw/

They will investigate but expect to wait for a few months before they even reply. You can get your claim back dated so you could wait until you leave before complaining. Unlike going down the tribunal route, the NMW Unit will do all the hard work for you such as investigating and taking the company to court if needed, you only have to fill out a form and have an informal interview.

Don't bank on being anonymous even if you opt to because the NMW-Unit will ask your employer for your employment records (as well as a few other random selections) and probably ask you to sign a statement and give that to your employer as evidence. Whilst they won't tell your employer it was you, they don't make it hard for the employer to guess who it was.

jd87

I'm guessing the OP is worried that if he complains he will be shown the door.

You shouldn't worry about this. Make a complaint/refuse to work the extra 10 hours unless they pay you more. If they sack you for complaining then you can take them to employment tribunal and you WILL get loads of compensation.

Oldernotwiser

What sort of work do you do? In some types of employment it's normal to put extra hours in, particularly if you want to progress, but in something like retail this would be exploitation.

maninthestreet

leeds_manc - how long have you been working for your employer?

leeds_manc

Thanks very much to everyone for the helpful suggestions and information. Presently, I work the extra 10 hours without saying anything because 1) There's a brilliant atmosphere at the moment 2) I really don't mind, it's better than watching Countdown 3) I know I'll be leaving around October anyway 4) I've only worked for them for 2 weeks and I'm still in my probation period (my overall wage will increase once this period is over thanks to commision, but not my basic wage).

The job is retail, I've not had any payslip that says what my hours are or what my hoursly rate is, my contract is vague on the topic, we don't clock in, therefore it will be my word against theirs when it comes to claiming (which i want to do after leaving if the hours don't improve in the long-term, with no personal messiness, I honestly would prefer to not get paid enough and enjoy my work than vice versa)

LinasPilibaitisisbatman

Have you actually tried to leave after 40 hours?

Doesnt seem the employers fault tbh as you arent leaving at the end of the shift or complaining