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Employer not paying Minimum wage

I have just learnt my daughter's employer is not paying her national minimum wage - this has been going on since she started the job in May 2011!

she turned 21 in June this year and is doing 40 hours and being paid less than 5.00 per hour! I cant believe it.
Her boss said he would give her a contract after 3 months probabtion but has not done so (september 2011). He has not even increased her wage to the new minimum wage of 6.08 which took effect on the 1st Oct this year.

She is rather a timid girl and too scared to tell him as she thinks he will sack her, what else can I or she do?

thanks in advance
Vicci

Comments

  • LadyMissA
    LadyMissA Posts: 3,263 Forumite
    edited 23 November 2011 at 6:21PM
    vicci-lou wrote: »
    I have just learnt my daughter's employer is not paying her national minimum wage - this has been going on since she started the job in May 2011!

    she turned 21 in June this year and is doing 40 hours and being paid less than 5.00 per hour! I cant believe it.
    Her boss said he would give her a contract after 3 months probabtion but has not done so (september 2011). He has not even increased her wage to the new minimum wage of 6.08 which took effect on the 1st Oct this year.

    She is rather a timid girl and too scared to tell him as she thinks he will sack her, what else can I or she do?

    thanks in advance
    Vicci

    call these people

    Pay and Work Rights Helpline

    For confidential help and advice on the NMW call 0800 917 2368


    http://www.direct.gov.uk/en/Employment/Employees/TheNationalMinimumWage/DG_10027201

    or try this

    https://payandworkrights.direct.gov.uk/complaints/
  • my daughter says she is on a 'salary' - that being 10,000 a year for 40 hours

    does this mean she has to work for this company for 40 hours a week and the nmw does not apply?

    confused*
  • no it just means she gets paid £10,000 a year. if she was on minimum wage she should be on £6.08 x 40 x 52 = £12646.40 a year.
    Just because she's salaried doesn't mean she's exempt from minimum wage; salary is just your yearly wage as a total.

    NMW still applies.
  • LittleVoice
    LittleVoice Posts: 8,974 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    vicci-lou wrote: »
    my daughter says she is on a 'salary' - that being 10,000 a year for 40 hours

    does this mean she has to work for this company for 40 hours a week and the nmw does not apply?

    confused*

    No - being in receipt of a salary does not exclude employees from the NMW.

    £10,000 pa = £4.80/hour
  • cr1mson
    cr1mson Posts: 933 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    Before she turned 21 she would have been entitled to the 18-20 rate which was £4.92. Then from when she turned 21 till 1st October it would have been £5.93 and the from 1st October £6.08.

    C
  • theoretica
    theoretica Posts: 12,691 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Unless it is 40 hours less an hour for lunch each day = 35 working hours a week and £5.49 an hour which was above NMW until she turned 21. So it is conceivable they just need her birthday pointing out to payroll.
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
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