Minimum Wage Advice

pborojon

Hi All,

My fiancee has just started a new job as a carer via an agency. She's been told that she has to shadow another carer until she's up to speed but until this happens she will only be paid £5.00 an hour. She's 29 so quite a bit below minimum wage. If she reports it to the authorities are they likely to take any action or will it just be swept under the carpet?

She's also been told that they will keep the money that she earns through shadowing for 3 months. I'm fairly certain this can't be legal?

She also has to work 100 hours for this agency before leaving otherwise she has to pay £100 which is supposedly for the cost of an NVQ training course................I thought these were free?

Does anyone in the care industry know if these types of things are typical or is this one just super exploiting staff?

Thanks

Jon

Weirdlittleman

Minimum wage - It is illegal however first of all she must ensure she is actually employed by them at the moment and that it isnt a complicated work trial arrangement. I.e she works for free as a trial until she is up to speed and when she is fully employed receives an "induction" payment.

The next bit about keeping the money depends on the first part and any contract. It isnt illegal as such unless they are breaching a contract.

The last bit is entirely common. The company will pay out expenses for your fiance's training and many people look to recover these if people don't stay a minimum period.

cabbage

Hi

give the national minimum wage helpline a ring for clarification. You don't need to leave your details if you don't want to.

http://webarchive.nationalarchives.gov.uk/+/www.direct.gov.uk/en/Dl1/Directories/DG_10010999

pborojon

Weirdlittleman wrote: »

Minimum wage - It is illegal however first of all she must ensure she is actually employed by them at the moment and that it isnt a complicated work trial arrangement. I.e she works for free as a trial until she is up to speed and when she is fully employed receives an "induction" payment.

The next bit about keeping the money depends on the first part and any contract. It isnt illegal as such unless they are breaching a contract.

The last bit is entirely common. The company will pay out expenses for your fiance's training and many people look to recover these if people don't stay a minimum period.

Hmm yes see what you mean about work trial. The second part, yes again I see what you mean but just because it's in a contract doesn't make it legal. I could put a clause in a contract that says every female must come to work topless. Even if the contract is signed it doesn't make it legal does it? Surely a contract that requires you to pay a release to exit it would be a contract of slavery?

Take on board what you're saying though and appreciate the response will give the helpline a bell.

Weirdlittleman

Your correct it would be illegal as in it would be harassment or discrimination. Setting a payment term though wouldnt be and it is up to her to agree or disagree to the term.

Likewise the training isnt a fee to escape. It is reimbursing reasonable costs if the person leaves the employment in a set time.

The only possible illegality here is the £5 an hour if it is an actual pay rate.

paulwf

OP you have to ask how the company will treat her after the shadowing period ends. I've never heard of a company witholding pay for 3 months. I would consider cutting your losses now unless you are getting a transferable qualification out of this and there really isn't any other work available.

pborojon

paulwf wrote: »

OP you have to ask how the company will treat her after the shadowing period ends. I've never heard of a company witholding pay for 3 months. I would consider cutting your losses now unless you are getting a transferable qualification out of this and there really isn't any other work available.

Oh totally, I've already told her I think she shouldn't go back. It's exploitation of a gross kind. It may be typical of care agencies, but I guarantee they aren't all that bad.

heretolearn_2

Care agencies round here are crying out for staff. She should have a look at some others as this sounds like a rip off to me.

A lady who works for me also works for a care agency in evenings: she is well paid and has had all her training up to NVQ2 level free. She started just over a year ago with no experience at all. There was no unpaid trial period, her wages have increased as she gets more highly qualified and experienced, but even as a complete novice she started on about £7 an hour. It's illegal for them to pay her less than minimum wage, but as suggested, this might be an odd sort of work trial - but 3 months unpaid is not reasonable. Nor is it reasonable to be working unpaid while you are training - none of us would ever get paid for our first job otherwise!

If the organisation is paying £100 for her external training, it is reasonable and quite normal to have to repay that cost if you leave within a certain time. They may be able to access free training for her under the Train to Gain scheme however (only for people whose qualifications are under NVQ Level 2 though, so if she has higher qualifications, the employer will be paying for it).