Unpaid and unrecorded overtime

cmw1212

This is not a question for me but one that arrose on another forum.
An 18 year old works in a shop on NMW, he regularly has to stay late (45 mins or so) but does not get paid any extra. I questioned that this would take him below NMW but the person said there is no record made of the overtime.
Would the extra time have to be recorded on a time sheet or could for example a fire book be used to prove when someone was in work?
The ultimate question the person asked was "Can i be sacked for refusing to do this (unpaid) overtime?"

scheming_gypsy

what does their contract / company policy say? not all companies pay overtime - and more and more lately seem to go that way.

getmore4less

scheming_gypsy wrote: »

what does their contract / company policy say? not all companies pay overtime - and more and more lately seem to go that way.

But the contract is irrelivant for min wage working more hours for no pay takes you below min wage and is illegal.

Get every one to start recording the extra times and put in an anonymous complaint to the min wage people and they should investgate

http://www.hmrc.gov.uk/paye/payroll/day-to-day/nmw.htm

complaint form

https://online.hmrc.gov.uk/shortforms/form/NMW_TPWorker?dept-name=NMW&sub-dept-name=Complaints&location=25&origin=http://www.hmrc.gov.uk

also check the definition of hours used to calculate the NMW they may not be the same as the hours actualy paid.

kingfisherblue

Also remember that the NMW is lower for 18 year olds than for over 21s - if he is on £5.93 (I think!) an hour, then it is above NMW for his age.

claire16c

Does he get paid per hour or is it a set salary?

getmore4less

claire16c wrote: »

Does he get paid per hour or is it a set salary?

That makes little difference to NMW rules,

The calculations are a bit different though.