Minimum wage violation?

lesstoinvest

My wife got a job interview for a commis chef position @ £13k.

It's in one of those posh hotels-c u m-club, the job spec is from a recruitment agency and says:

45 hours/week
5 days from 7, shifts
£13k+tips
Use of facilities
28 days holiday

By my reckoning, 130000/52/45 = £5.56/hour.

I'm not sure if she'd get any tips as a chef anyway, but it's not allowable towards minimum wage.

From what I can tell, although I'm not quite sure what use of the facilities would entail, non-cash benefits don't exempt you from the requirement to pay NMW either. http://www.hmrc.gov.uk/paye/payroll/special-pay/salary-sacrifice.htm

Oh, and they want her to go and work for 9 hours, for free, tomorrow, as a trial.

WWYD?

ViolaLass

Unpaid lunch included in the 9 hours?

KiKi

Hi OP

It's possible lunch breaks are unpaid, and therefore although it's 45 'hours' (ie, 8am-5pm), she's only working and being paid for 40.

13,000 / 52 / 40 = £6.25 an hour.

I'd double check what they mean, first.

KiKi

lesstoinvest

It says 45 hours per week in shifts, so I don't think there's lunch, but there might be a meal break, it being in a restaurant, I suppose.

ohreally

I get rate @ £5.54.

Is your wife content to accept this for the greater good, short term?

How long is this rate before a review?

BTW, they can pay her trial shift!

lesstoinvest

ohreally wrote: »

I get rate @ £5.54.

What does that mean?

Is your wife content to accept this for the greater good, short term?

Don't think so.

BTW, they can pay her trial shift!

They could! But they ain't going to.....

sweetilemon

Does seem a bit suspect. Any trial periods / training i've done has always been paid. A lot of places do not pay for hour lunch breaks. Does she have an e-mail/phone number for HR just to 'confirm details'. I've paid travel i shouldn't have for training days to secure a start but no pay at all seems to reflect the treatment the company is likely to give. I would call to discuss and go from there. Its always risky, you don't want to talk yourself out a job but don't want to be taken advantage of!

getmore4less

clarify with the employer

if still below NMW report them.

marybelle01

It seems odd that a recruitent agency would be complicit in breaking the law on the wage. Have you considered asking them - it could be an error.

dawnybabes

But is is not £13000/232/8 (5 weeks holiday pay/8 hrs paid a day - 1 hr break unpaid) £7 ???

KiKi

dawnybabes wrote: »

But is is not £13000/232/8 (5 weeks holiday pay/8 hrs paid a day - 1 hr break unpaid) £7 ???

Holiday entitlement has to be paid. So the 232 should be 260.

KiKi