Why do workers always get the worse deal!

ceridwen

Good luck.:beer:

EL123_3

Thanks all. I just feel that these workers are really being taken advantage of and whereas I am maybe in a better position as I am a teacher and so was not/am not dependant on it, whereas they are desperate for money and have to take what they can and don't want to risk losing their job.

Does anyone know what rights they have to join a union? I know there is a union for nurses/care workers but can they independantly join one without the employer even knowing? Also, how easy do you think it would be to prove that ask/tell workers to start 15 minutes earlier when its not in contract and not on the carers timesheets. Does the fact that they put on the service users sheets that they arrive 15 minutes early (rule of company actually is you can arrive 15 minutes late or early to service users home under normal circumstances) to the first call enough written evidence?

I think also I can 'report' the company as not paying minimum wage as well to the direct.gov website?

EL123_3

If my calculations are right then any worker who does a shift will always be paid less than minimum wage because shifts are generally no more than 4/5 hours long and with gaps in between as well. I'm even wondering if this company knows that its doing this. They seem to be crafty, how the heck have they got away with it for so long? Is it just because no one has 'noticed' or because they are allowed to do so? I was not happy about the 15 minute rule but never sat down and worked it out till now, so it could be that none of the other carers have thought to either!

EL123_3

I decided to put a defence in for my case and I am glad that I have because it doesn't seem all that bad. Unfortunately they don't really explain things to you with the first form they send you, maybe in the hope that you will just 'pay up'. However, looking at the form you can ask for free mediation and possibly it wont have to go to court.

I wrote to the care company explaining my side of the story, which was polite but also made clear that I thought they were 'penny pinching' in a round about sort of way. I also sent back the equipment and then a copy of the letter to the court as my 'defence' when I heard nothing back from the company.

In the meantime I had the police knock on my door - weeks ago me and about three other ex-workers were commenting on facebook about the company - and the boss somehow found out. One of the girls (not me thank goodness!) put something a bit personal on but all in all what do they expect people to say about them if they treat staff like this? Its probabaly why they try and keep their staff 'secrative' and try to work the rotas so that carers don't spend much time with the same carers so that they don't get too 'friendly'. Anyway, I wondered if this had made matters worse that he was annoyed. But I suppose normally he would have just taken this money from my wages but the time scale worked out that I had already been pain my last wages and all my hours paid - because by then I had gone to Wales.

So, I am considering suggesting to mediation that maybe I will pay for court costs and CRB, but not the training. Surely if I do this the court will take everything into account and think that I am being reasonable?! Who knows.

I know for sure now that I am going to complain about this company and write to a few people, although it might come to nothing seeing as I am an ex employee.

Also, just wondered if anyone knew the worse consequence if I simply refuse to pay the money. I have read up that it can affect your credit etc.....but I already have a bad credit score I think because i have never had a credit card and at one point was not registerd on the voting poll after I moved. I have a joint mortgage though and would not want to hinder that or anything.

shikoku

I very much doubt they will want this to reach court.

MrRedundant

This is brought about due to local authorities refusing to pay more than £13/4 for care in most cases; therefore care suppliers have to cost cut to the core and this is how it is done.

Bear in mind that there are some exemptions to WTD which they may argue and additionally NMW only applies if you are counted as working during visits. Its very possible the contracts are worded to the effect that you are only classed as working for the visit and if your lucky a small time either side of the visit.

The way care workers are treated and paid is shocking and I wouldn't want myself or any relative to be cared for in such an environment however unfortunately whilst companies are expected to supply care for the prices they are this will continue and quite possibly get worse as the recession kicks into funding over the next couple of years.

EL123_3

So when you say you doubt they will want this to reach court do you mean the company or the actual court?

They also have quite a lot of elderly paying for their own care, and I think (but not 100%) that they pay about £18 per hour care. Also, your rota might state that you started working in a person's house at 5 pm but in actual fact you will have started at (and have put on their care plan) 4.45. Unfortunately I don't have a copy of the contract anymore but am going to try and get a copy from one of the other carers. But I suppose it could be worded in the contract to cover themselves.