employed but made to do price work

unhappy-employee

my empolyer has introduced price work for our company in which PAYE staff have to do 'price work'. the staff do not HAVE to do this but if they turn this work down they get told there is no work for them today. as an employee is this not illegal? if anybody can give me any advice on this it would be greatly appreciated, several members of staff would like to write an anonymous letter to our employer stating if it is illegal.

many thanks

unhappy-employee

Tiddlywinks

What are your contracted hours? Zero?

What do you mean by "price work"?

Emmzi

do you mean "piece work" ie paid by item not by hour?

InsideInsurance

Would be useful if the OP could define what they mean by "price work". I assume they mean fixed price, ie paid for the job rather than the hours. To the best of my knowledge, as long as your contract supports this there is nothing illegal about it as long as when you divide income by working hours you are still above minimum wage.

LittleVoice

moneysaversupremo wrote: »

I do know there is no legal right to be given work to actually do in work hours. So you can't make the employer give you any work.

I think you would be covered for him having to pay your wages as normal, as long as you are actually on the premises and physically available to work though. I suggest you ensure you do actually go into work and stay there throughout your contracted hours of work and ask for work to do. If he then refuses to actually give you any work to do, then that's his choice. I believe the law does expect that an employer will pay an employee provided they are actually there at work and willing and able to work. I suggest you check the exact legal position on that out and then keep turning up for work as normal unless and until he either gives you some work to do as normal or sacks you.

Do any of you have access to a digital camera? It might be useful to provide yourself with proof that you are going to work as normal, in case that fact gets disputed at any time by him. Don't give him an excuse to say "I don't have to pay them for those contracted hours, as they weren't even there". Maybe a daily photo showing you holding up a copy of that day's newspaper and/or with the time the photo was taken showing on it as you walk through the entrance door? (I believe that's now possible with digital photos?). (I've seen a Council employee take a photo of the front door of a house he was paying a Work visit to and thought "Ah, new procedure to prove that he DID call at the house, even though no-one answered the door to him".)

If the OP is on a zero hours contract (and we don't know until Tiddlywinks is answered), then turning up and effectively doing a sit-in for no hours doesn't get you any pay.

unhappy-employee

yeah when i say 'price work' i mean doing a complete task for a set amount of money rather than my usual contracted hourly rate. i do not dispute my hours as i usually get my 40hr working week but my wages vary greatly. i was under the impression that i would have to be self emplyed to do work for set amounts of money per task.

unhappy-employee

also i should state my contract states i work a 40hour week ( but may be more or less depending on time scales of jobs) and it also states my hourly rate of pay. basically it works out that i could end up working a 40hour week for zero pay if my 'fixed' price ie. only allowed for 40 hours work but infact took 80hours

InsideInsurance

Irrespective of what "the law" is then they are in breach of your contract if you have a stated hourly rate and presumably from what you are saying, at times you are earning below that stated hourly rate.

getmore4less

This might come under unmeasured work.

have aa read of the various types of "work" when it comes to NMW
http://www.direct.gov.uk/en/Employment/Employees/TheNationalMinimumWage/index.htm


http://www.direct.gov.uk/en/Employment/Employees/TheNationalMinimumWage/DG_191033

Notmyrealname

unhappy-employee wrote: »

yeah when i say 'price work' i mean doing a complete task for a set amount of money rather than my usual contracted hourly rate. i do not dispute my hours as i usually get my 40hr working week but my wages vary greatly. i was under the impression that i would have to be self emplyed to do work for set amounts of money per task.

Perfectly legal as long as the amount you earn when divided by the hours you do meets the national minimum wage, see "unmeasured work" above.

Also if you are paid a salary it is legal. My friend is a lorry driver and is paid a basic weekly wage plus percentage of vehicle earnings.

You do not need to be self employed and in fact you wouldn't meet HMRC criteria for self employment on several grounds.

PJK_2

Very similar situation now fro my friend. He works full time, permanent and has been told he must do a job as a fixed price or have no work at all. Is that legal? Where does he stand if he refuses? The company pays nothing if they have no work for them even though they have a contract. How much of this can they do??