Work has been paying me under the Minimum wage for a year- can I get back?

d-d-d-d-d-d-card

Basically, while on the internet today I found out that the national minimum wage for my age bracket is about 41p higher than what I have been getting paid per hour for the last year, resulting in me losing out on about £700.

I was never previously aware of this because there seems to be an ignorance in my workplace towards the national mimimum wage. Fellow staff have told me countless times that it is at the age of 22 when the minimum wage changes for you, but I found on the directgov website that it is 21. (I am 21, turning 22 soon).

Do my employers (a regional retail chain employing several thousand people) have an obligation to pay this lost income back to me? What are the odds of me getting it back?

Thanks

d-d-d-d-d-d-card

And I have just realised that this is probably on the wrong thread. Sorry!

pink_princess

The NMW does apply at 21 now, why not approach your employer and inform them you turned 21 & did not go to NMW. If they don't backdate seek advice.

pink_princess

d-d-d-d-d-d-card wrote: »

And I have just realised that this is probably on the wrong thread. Sorry!

A board guide will move it for you, that way you will get better info:)

JENNI_2

Hi your employer should be paying you the minimum wage and I would suggest talking to your HR department. They may agree to back pay over a certain period. Thanks

geordie_joe

d-d-d-d-d-d-card wrote: »

Do my employers (a regional retail chain employing several thousand people) have an obligation to pay this lost income back to me?

I would say yes, the law says they must pay you a minimum wage, if they haven't been paying it then the law will make them pay it.

Have you ever known anyone get off with breaking the law by offering the defence "yes, I did it, but that was nearly a year ago"

d-d-d-d-d-d-card wrote: »

What are the odds of me getting it back?

Very good, just explain to them, if they won't pay it tell them you will report them. If they have done it to you they have probably done it to others. They won't like the prospect of a large fine for every person they have done it to.

And don't forget, the law does not accept ignorance as an excuse.

nancy_31

Better talked with your HR, may be your company have certain policies regarding that. I know they will address your concern. It is better to make a dialog with them so that, things will be clear for both sides.

WPN

Call HMRC NMW advice line ("Pay and Work Rights helpline").


8.00 am to 8.00 pm, Monday to Friday
9.00 am to 1.00 pm Saturday
Closed Sundays and bank holidays
0800 917 2368

They will advise you what to do next. The NMW law is the bare minimum legislation that all employers should be aware of. Instead of getting on the wrong footing with an employer by complaining you aren't getting paid enough... be best to go straight to HMRC to complain. Then if they wont back pay you they will be fined. £700 is a saving but nothing you would risk your business getting bad publicity and fines over.

LittleVoice

WPN wrote: »

Call HMRC NMW advice line ("Pay and Work Rights helpline").


8.00 am to 8.00 pm, Monday to Friday
9.00 am to 1.00 pm Saturday
Closed Sundays and bank holidays
0800 917 2368

They will advise you what to do next. The NMW law is the bare minimum legislation that all employers should be aware of. Instead of getting on the wrong footing with an employer by complaining you aren't getting paid enough... be best to go straight to HMRC to complain. Then if they wont back pay you they will be fined. £700 is a saving but nothing you would risk your business getting bad publicity and fines over.

NO - approach the employer first, not HMRC Say you believe they have not taken account of your having reached the age of 21 and that since 1 October 2010 (if your birthday was that day or before) you should have been paid at least £5.93/hour.

This is a large employer and it is more likely that their record of the OP's birth date is wrong or not properly communicated to payroll.

They should pay the full amount of the under-payment as soon as they recognise the error, they won't need to pay it to the OP over time but in one amount.

LadyMissA

yes speak to your HR or payroll team ASAP. If you get no joy then put in a grievance