Not being paid all hours worked.

Abbza

I'm a student at university and work around 15-20 hours a week in a pub/restaurant near my house.

Before I started university I was very friendly with the managers and they made it clear that other members of staff were having hours deducted from their wages if they were not pulling their weight. Sentences like "Well she's not getting paid for the last hour" were used alot. It never really occured to me then as I was full time and the money I was being paid was more than enough for me.

Now however I have noticed that last month pay was down by 7 hours and this month down by 5.25 which to me is a lot. It also irritates me that I'm on less money than everyone else because I've been hired by a different manager, but as it's over minimum wage there's not a lot I can do about that.

I was just wondering what laws/legalities there are to it? Do I mention it to my boss and risk getting my hours cut down (they cut the hours down to try and 'push' people into quitting) or do I say nothing?

Please help!

getmore4less

IS the pay/hours worked still over min wage?

Make sure you have a proper record of your hours worked.

This is an illegal deduction from wages.

Abbza

I wrote every single shift down in my planner, including what time I signed in and out.

Pay is £5.50 an hour, whilst others are on £5.73 because they were employed by the previous manager.

kingfisherblue

Add up you pay and divive by the total number of hours worked - are you still above the minimum wage for your age?

Abbza

Yeah.. that's my hoursly rate of 5.50

Wildside

The following is from Direct Gov website, see link at the the end.

Rules for making deductions from your pay

Your employer is not allowed to make a deduction from your pay or wages unless:

• it is required or allowed by law, for example National Insurance, income tax or student loan repayments
• you agree in writing to a deduction
• your contract of employment says they can
• it is a result of any statutory disciplinary proceedings
• there is a statutory payment due to a public authority
• you have not worked due to taking part in a strike or industrial action
• it is to recover an earlier overpayment of wages or expenses
• it is a result of a court order or Employment Tribunal decision

A deduction must not reduce your pay below the National Minimum Wage rate (except a limited amount for accommodation). This applies even if you have given your permission for it.

http://www.direct.gov.uk/en/Employment/Employees/Pay/DG_175878

And the following is from CAB website link at the end.

Is an employer entitled to make deductions from an employee’s pay

By law, an employer is only entitled to make certain deductions from an employee’s pay. If the employer does not pay the employee at all, this counts as a 100% deduction. There are rules about what counts as pay for the purposes of when the employer can make deductions, see below.



In most cases, an employer can only lawfully make a deduction from an employee’s pay if the deduction is:-

• required to be made by law. For example, employers are required to deduct tax and national insurance from their employee’s pay by law; or
• allowed for by the employee’s contract. This means that there must be a specific clause in the contract which allows for that particular deduction to be made. The deduction can then only be made lawfully if the employee is given a written copy of that term in the contract before any deduction is made under it. This would cover deductions such as union dues or payments to a pension scheme; or
• the deduction has been agreed to in writing by the employee before it is deducted.

There are particular deductions which an employer can make which do not have to fit into the categories listed above. These deductions are:

• a deduction because the worker has been genuinely overpaid
• a deduction made because the employee took part in industrial action
• a deduction made by an employer under a court order or an order from an employment tribunal, such as an attachment of earnings order (in Scotland, an earnings arrestment).

For more information in England, Wales and Scotland about your rights when your employer makes deductions from your pay, see Employer withholds your pay in Employment fact sheets.

If you have had a deduction made from your pay which you do not agree with you should seek advice from an experienced adviser, for example, a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

http://www.adviceguide.org.uk/index/your_money/employment/rights_to_pay.htm#Isanemployerentitledtomakedeductionsfrom

Hope this is of some help

Abbza

Ok but there is no deduction on my wage slip, just less hours being paid than I actually worked this month.

Wildside

Abbza wrote: »

Ok but there is no deduction on my wage slip, just less hours being paid than I actually worked this month.

Do you have any sort of contract that states the amount of hours you are contracted to work?

iamana1ias

Abbza wrote: »

Yeah.. that's my hoursly rate of 5.50

But you haven't been paid that for all hours, have you?

How many hours did you work, and how many were you actually paid for?

Abbza

Yes a contract, I don't think there are any contracted hours as it's all quite flexible, if someone stops pulling their weight they get their shifts shortened until they get the picture.

I worked 69 and got paid for 63, so working that out it works at £5.06 an hour, which is over minimum wage.

Wildside

Abbza wrote: »

Yes a contract, I don't think there are any contracted hours as it's all quite flexible, if someone stops pulling their weight they get their shifts shortened until they get the picture.

I worked 69 and got paid for 63, so working that out it works at £5.06 an hour, which is over minimum wage.

Does your wage slip say 63 hours?

Who pays you? is it done locally or a head office somewhere?

Don't give name of company just say if it is a large chain or an independant:)