10 hours pay for 12 hours work...

mrs_itch

Sambucus_Nigra wrote: »

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

There is no one else in charge on my shift, apart from me, therefore i can't take any form of break away from the workplace, let alone an hour one! My whole point i suppose!

mrs_itch

getmore4less wrote: »

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.

....and therefore payable time surely!

Sambucus_Nigra

mrs_itch wrote: »

There is no one else in charge on my shift, apart from me, therefore i can't take any form of break away from the workplace, let alone an hour one! My whole point i suppose!

And that is the question to put back up the line.

kingfisherblue

Obviously you should be paid for the hours you work. My daughter also works in care and last year, she didn't receive pay for a short shift (she goes into people's houses). She queried the fact that the visit hadn't been paid and was told that the pay office hadn't received her signing sheet. She pointed out that she had been paid the other shifts/visits on the same sheet, so they must have received it.

To cut a long story short, she reached the stage where it waas pointed out to the pay office that withholding wages for work done was illegal and she would be in contact with her union. Funnily enough, she was paid the amount outstanding. At the time, she wasn't actually in a union, but her agency didn't know that. She has since joined Unison, and it costs less than £10 a month. Money well spent IMO.

OP, could you point out to the pay office that you should be paid for the hours worked and imply that you are in a union if they do not pay you? You should also consider joining a union (I'm assuming that you are not a member of one already).

DVardysShadow

kingfisherblue wrote: »

... OP, could you point out to the pay office that you should be paid for the hours worked and imply that you are in a union if they do not pay you? You should also consider joining a union (I'm assuming that you are not a member of one already).

Join the union and then say you will refer it to the Union.

If you bluff about the Union and then find you need support on the issue, you may not get support, because in general, Unions rightly do not take on issues before the person becomes a member. So if your bluff is called, you may find your bluff exposed, which overall leads to you losing the matter you were concerned about and looking good to be pushed around some more.

HoneyBunny960

mrs_itch wrote: »

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!

At the moment the minimum wage is £5.93 for 21+, as of October it goes up to £6.08, so your above NMW.

LadyMissA

paddedjohn wrote: »

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.

oh oops then. So you can work a 12 hour day with only 20 mins break? Not very good is it

LadyMissA

HoneyBunny960 wrote: »

At the moment the minimum wage is £5.93 for 21+, as of October it goes up to £6.08, so your above NMW.

but shes not getting paid for the 12 hours that she worked only 10 so 6.50 x 10 / 12 is not the minimum wage, it works out to £5.41 per hour as shes worked 12

getmore4less

HoneyBunny960 wrote: »

At the moment the minimum wage is £5.93 for 21+, as of October it goes up to £6.08, so your above NMW.

The rules are a bit more complicated than just the hourly rate,

paid hours and NMW hours can be different.

have a good read and follow the links

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

paddedjohn

getmore4less wrote: »

The rules are a bit more complicated than just the hourly rate,

paid hours and NMW hours can be different.

have a good read and follow the links

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

taken from your own link..........

How many hours has your worker worked?

Every worker who's entitled to the national minimum wage must be paid at least their national minimum wage rate on average for every hour worked in each pay reference period. (The pay reference period is the interval at which you pay them - such as weekly or monthly, but it cannot be longer than a calendar month.)
This means that to work out how much you're required to pay a worker, you need to calculate how many hours they have worked. For national minimum wage purposes, there are four different types of work, and there are different rules for calculating the number of hours worked for each of these.

The four types of work are:

• time work
• salaried hours work
• output work
• unmeasured work

it appears from the above that the op is indeed being paid below the nmw as her hourly rate drops to £5.41 when taking into account her 12 hour shift, without breaks, that she can freely take away from her place of work.