Pay issues at work

5pds

I have been in a position now for 4 months and have not had my terms and conditions changed as yet. My contract still states that i am an apprentice and i am still paid as an apprentice. There are people on the base i work in on £4 an hour plus for doing the same job. This was a contract that was won of late and the company that i work for have stated that i wont get my pay back date (to the value of around £3K) because the job that i am doing at the moment did not exist.

What are my rights?

Please help, i would like to see at least some of the £3K

Paul

rupee99

You will only get what you have formally agreed with your employer.

If you had not agreed an increase on completion of your apprenticeship then, unless you could show that other people in the past had been given one automatically in the same circumstances, you are not likely to get anything.

hellokitty08

so many questions,

1) How old are you?
2) Are you recieving offical apprenticeship training e.g day release, block relase, are you studying for a formal qualififcation?
3) How long have you been with the company you are working for and have you had the same job role since you started with this company?

That will give me the information i need to start to answer your question.

5pds

i am 20 but i feel that this is irelevant.
I have done my apprenticeship and i am now a focalpoint for one specific clients materials. Quite a lot of responsibility for the money that i am on. My employer is calling my the focal point and this has been rolled out the the client. I am how ever 'technically' still an apprentice(untill my t&c's are changed)
I cant get anything in writing from HR and this is the problem i am having. I have had a verbal to say that my money 'SHOULD' be back dated but how can i prove this when it come to the discussion that i have with my boss. No rise has been set in stone because they have to go to the client and ask for them to pay for me as it is not in their budget. I personally think that i shouldnt have to concern myself here as it should be the company by whom i am employed that pays me what i am due..

5pds

i have completed 3 years of an apprenticeship and i am now finished this gaining 2 formal qualifications, sorry missed this bit out

rupee99

Remember one thing, there is no such thing as an indispensable man.

Having said that, within reason, you should try and push the issue. If you are not receiving the rate for the job tell them, you have several options, you could file a "grievance" (it should tell you how in the employee handbook if you have one, if not ask HR), you could threaten to resign, although beware they might accept that and that will have far more reaching consequences than a few pounds an hour for a, relatively, short time in your working life. Or you can simply ask to see someone very senior on the pretext that they should be able to make a decision rather than keeping you stringing along.

5pds

ok. Thanks for that. do u still feel that i am not entitled to my pay getting backdated.
At this specific time i am indespensable. I have came into this position and set it up. It is one of that jobs where if i leave material will not get shipped and the client will get frustrated causing the company to loose their 1/4tly bonuses and potentially loose the contract. No one (not a dickie bird) know what this job entails.
The thing is that i am getting offered a substantial amount of money at another company but it is contact work and therefore a risk. I also like this company and think that i am in good stead to move on and progress within it.

rupee99

I am not up on the detail of how apprenticeships work, but going on what they were like when I was your age (in the Dark Ages :cool:) you had to stay with the same employer. You wouldn't be allowed to do contract work before you qualified. If this is not a problem now you can be a little more bold.

You must be careful not to appear to blackmail your employer. You may be in a strong position now but it may not be so in the future and despite the protection the law offers you your life could become difficult e.g. should redundancies be announced in the future you might find yourself top of the list, the company may lose the contract that you work on etc.

As I said you do not have any "right" to the rise and backpay but you can try and negotiate with them, but at all costs avoid making any direct threat along the lines "pay me or I leave."

5pds

Thanks for all ur input here!

hellokitty08

Your age is relevent to make sure you are being paid the National Minimum wage. If you are no longer in formal Apprenticeship training, you are not actually allowed to be classed an apprentice. You can be a trainee or anything else they would like to call you, however to be an Apprentice you need to regsistered on apprentice training. Therefore you must be paid the minimum wage of £4.83 an hour. This is the law.

From a legal point of view, your employer doesnt have a LEG to stand on if they are not paying you at least the national minimum wage and you have finished your apprenticeship at college / with the training provider. Please go to http://www.hmrc.gov.uk/nmw/