10 hours pay for 12 hours work...

mrs_itch

Have recently started a new job in a care setting whereby a member of staff is on shift at all times.

I am therefore doing 12-hour shifts (night, day), but have recently noticed that I will only be paid 10 hours for these shifts. Is this allowed? I thought that the absolute minimum i would be entitled to is 11 hours pay? (No manager informed me of this - i assumed i would be paid for every hour on shift - and i was told by another existing member of staff)

Also, should all night/weekend/bank holiday shifts be at a higher hourly rate than standard shifts? I get paid one hourly rate regardless of shift.

Do not want to look unprofessional with managers i barely know, and in a new job, so need to know what exactly i am entitled to first!

P.S Have not been given a signed contract yet. But was informed in a job confirmation email what my hourly rate is and my contracted hours per week are (20 - although i do more than this).

getmore4less

No entilement to extra rates unless agreed in contract, did you not ask about this before you accepted the job?

Also about working hours over contractual,

Also need to check what hours holiday pay will cover is it going to be contractual or actual.


I would just say you are scheduling me for 12 hours but seem to have forgoton to pay me for them please correct this.

See what response you get.

What pay rate might fall under a NMW issue.

Sambucus_Nigra

What's your hourly rate?
What are the last few pay slips saying?
What is your tax code?

FabSascha

Why would they not pay you for hours you've worked? I'll be interested to hear what people have to think of this as I would be rather miffed if I was told I'm going to be paid for 20 hours work a week but I'll actually be expected to do 24!

paddedjohn

op, are you getting an hour dinner and a couple of half hour breaks within your 12 hour shift?

mrs_itch

Have only just received first pay and have not been given a payslip yet. Also have not been given or signed a contract, apart from the informal 'job acceptance' email that i was sent (have asked numerous times about this - have to wait for the manager to get back from holiday...). I hold my hands up to not asking about what i would/would not be paid for...maybe naive to assume what i would be paid for a 12 hour shift... Hourly rate is £6.50.

We have been told that we can have 'breaks' but there is no specification as to what counts as a break! Because, we have to be on the premises at all times, therefore if a client chooses to be in your company for your entire shift then there is nothing we can do about that. We are lone working so there is usually no one to 'cover' for any period of time. No hour break given for lunch, nor can we leave to get lunch (presumed that we bring our own food).

Have enquired with my senior/supervisor of the house who does not seem to appear to have a problem with the pay.. She says that if you don't take it upon yourself to take enough 'breaks' (or a quick sleep during the night shift...) then that is your own fault, because you will be paid 10 hours regardless.

It would seem then that as long as these things are in contract, then that is my entitlement? Meanwhile, may well be looking elsewhere for a different job!

LadyMissA

so you do 12 hours but they pay you for 10 and you are told its your own fault for not taking breaks! Id take 2 x 1 hr breaks then!!!!

I am sure they can't stop you leaving to buy food and if they want you on the premises they have to provide food

You are by law entitled to 20 mins if you work 6 hrs so if you are doing 12 you are entitled to 2 x 20 mins minimum

if you do work 12 hrs and they pay you for 10 you are getting lower than the minimum wage.

Why does no one get a contract before they start work? I'd never start a job unless it was all in writing and I got the hand book too

paddedjohn

The rules dont state a 20 min rest brake every 6 hrs, it says a 20 minute break if you have to work more than 6 hours. The rules for the op may be different due to the type of job she is doing as round the clock staffing may be required
None of the above detracts from the fact that the op needs to sort out the pay for the other 2 hours. Op, are you on nmw by any chance? if you are then they could be breaking the law by not paying you the legal minimum.

getmore4less

Care is one of the catagories that has the rest break exemptions.

If required to be on the premisis then that is defined as working time.

Sambucus_Nigra

Who is in charge of things when you are taking these 2 x 1 hour breaks? Is that legal in care terms?

mrs_itch

LadyMissA wrote: »

so you do 12 hours but they pay you for 10 and you are told its your own fault for not taking breaks! Id take 2 x 1 hr breaks then!!!!

You are by law entitled to 20 mins if you work 6 hrs so if you are doing 12 you are entitled to 2 x 20 mins minimum

if you do work 12 hrs and they pay you for 10 you are getting lower than the minimum wage.

This is usually what i try to do! Night shift easier because i have managed to sleep for 2-3 hours, but during the day i obviously cant do that. It is also interesting that when we have to do 6 hour shifts (9 til 3 or 3 til 9), we get paid for the full 6 hours, yet as soon as you do the full 12 hours they take off 2 hours pay?!

I thought this re 40 mins minimum, hence the initial post - thought that regardless of it being 'in the contract' that it was illegal!?

Im getting 6.50ph which is borderline min wage right?

In hindsight, signing the contract before starting would have been the sensible thing to do... Having been out of work for a few months and then offered a job though, i felt i had no option but to start when they told me!