Under paid query

dantheman2010

Good afternoon all,

Just a quick query.

My OH was just going through all of her hours etc and has realised that for every Tuesday she has worked for the last 2 years they have only paid her for 7 hours when she actually works 8 hours.

She has raised it with her employer (only a small firm and to be honest very tight in relation to what they pay) and they said they will look into it.

If they decide not to pay it back or resolve it amicably is there anything we can do?

Thank you.

Googlewhacker

so what about 104 hours, 2 weeks wages? They will probably I would expect offer her the time of in Lieu.

We're not talking masses so if they do owe it I expect them to sort it.

dantheman2010

Thanks, I would expect them to sort it. But they are the type of company that offers everything on the legal bare minimum (i.e. wages, maternity leave), so will (I expect) do everything they can to avoid any payment/settlement of this.

Thank you for your input.

kingfisherblue

Has she actually worked eight hours, or has she been in work for eight hours and had a one hour lunch break?

If she has worked the full eight hours, and is on minimum wage, I would think she has an argument to be paid the amount owed or have time off in lieu. I wouldn't be surprised if her firm wanted to know why she hadn't asked for her full amount of wages before this, though - although payroll have a responsibility to be accurate in the amount of hours paid, employees also have a responsibility to check their payslips (which should state how many hours paid).

Although you say that the company are the type to do everything at the bare minimum, they might not try to avoid payment if it is due. If you feel this is the case, though, I would advise that your wife puts everything in writing and keeps any replies.

Good luck x

dantheman2010

Hi

Yeah she has worked the 8 hours, I always asked her how come she didnt take a break on a Tuesday given the hours worked, she said she wasnt given one.

She hadnt noticed before now until she was speaking with the manager and saw the rota compared to the pay roll.

She doesnt work the same hours each month either, she has been covering shifts and doing extra hours and also works every other Saturday, so her monthly wage is never the same, so she wouldnt know.

However this month given the amount of hours she has work she kept a note of them, and noticed. She asked her manager and her manager said you do 7 hours + 1 hour lunch dont you? She said no, I have never had a lunch break on a Tuesday. So her manager is looking in to it. I am just pre-empting that they wont do anything.

kingfisherblue

If your wife does not get a break in an eight hour work period, this is breaking the law. I think the legal minimum is at least twenty minutes after six hours have been worked. It might be worth googling to see what breaks have to be given during an eight hour shift. ACAS are very good with helping people regarding their rights at work.

dantheman2010

Yeah I have pointed this out to her before, but she doesnt really mind as she is always able to pop out to the shops etc if and when she needs to. She works different each day but the pattern repeated each week. I think they assumed she was taking an hours lunch break, but she was always under the impression she wasnt allowed an hour on this particular day (its the day she works the least number of hours). Its all a bit confusing. I hope they sort it out, just wondered if there is an avenue to pursue if they dont.

Googlewhacker

What does her contract state? If it is 7 hours plus 1 hour lunch then you could struggle to get the time or money back as on paper the break is there for use.

dantheman2010

Her contract doesnt state anything really, its pretty poor to be honest (grammatical errors all over it). Plus her hours/shifts change so regularly (other than the Tuesday) it was always a bit unclear. She was just under the impression she didnt get a lunch break but worked 10 until 6pm, but then saw her manager had only put her down for 7 hours pay, so she queried why.