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I know it is illegal but what should I do?

2

Comments

  • scooby088
    scooby088 Posts: 3,385 Forumite
    Doesn't matter if it zero hours or 40 hours you get paid NMW which is £6.08 at the moment. Get on it right away.
  • sammyjammy
    sammyjammy Posts: 7,994 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    clairec79 wrote: »
    Could it be she doesn't realise you are 21, in which case a 'I'm 21 so shouldn't it be £6.08' would be fine

    There is no minimum wage rate of £5.50, for 18-20 yr olds its £4.98.

    Agree, wait for your pay slip and query it from there if you need to, you will be entitled to that additional money if its a simple mistake. If they tell you its correct I guess you either accept it or report them.
    "You've been reading SOS when it's just your clock reading 5:05 "
  • Mistral001
    Mistral001 Posts: 5,432 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've been Money Tipped!
    edited 8 June 2012 at 10:11AM
    The manager probably was guessing going by what the last person was paid. You will come across as a bit of a wally for querying it with the manager, but you will come across eventually as more of a wally if you don't.

    You could say that you know nothing about minimum wages but when a friend asked you what you were getting paid they told you the minimum wage for your age was higher than you put down on the form and that you are 21. He will most likey say that he got your age wrong and that will be it. I know you will be nervous and fearful of it seeming like "talking back" to your boss but leaving it could cause the manager and the firm and you a lot of hassle if you do not get it resolved as early as you can.

    If he says that you you are just getting £5.50 then you should seek advice from say Citizens Advice.
  • kingfisherblue
    kingfisherblue Posts: 9,203 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Xmas Saver!
    On some zero hours contracts, the hourly rate is actually more than minimum wage, as it includes rolled up holiday pay @12.07% - but this has to be stated ont he wage slip.

    However, regardless of the amount of hours, you are entitled to NMW, which is currently £6.08 an hour. It increases in October to £6.19ph, so be sure to check that you reccivve the increase as well.
  • KiKi
    KiKi Posts: 5,381 Forumite
    Part of the Furniture 1,000 Posts
    LadyMissA wrote: »
    Why would a zero hours have a rate of less than the NMW?

    Because the OP is new to this and isn't sure, and so is asking. Sometimes there are exceptions to the law.

    Maybe it does, so ignore my posts as someone will come along and tell everyone I am wrong.

    I will delete my posts

    sorry then

    Having a bad day, LadyMissA?
    ' <-- See that? It's called an apostrophe. It does not mean "hey, look out, here comes an S".
  • LadyMissA
    LadyMissA Posts: 3,263 Forumite
    KiKi wrote: »
    Because the OP is new to this and isn't sure, and so is asking. Sometimes there are exceptions to the law.




    Having a bad day, LadyMissA?
    Very bad day thanks for asking
  • mixenvixen
    mixenvixen Posts: 52 Forumite
    Eighth Anniversary 10 Posts Combo Breaker
    You should get paid £6.08 an hour, it may be that the employer just forgot your age.

    The only exception to this is if you are an apprentice. The apprenticeship NMW is £2.60 (regardless of age for the first year), I am assuming by your post that you are not an apprentice, however I thought I might mention it, just in case you are.

    I think you should bring it up with them as soon as possible. It is your legal right to get that pay. Also, they can not fire you for asking for trying to practise your working legal rights- just in case that is something that you were worried about :).

    If you don't get a positive response from them- I would suggest contacting ACAS or H M customs and revenues- workers rights.
  • LilMissEmmylou
    LilMissEmmylou Posts: 1,721 Forumite
    I have worked for Argento in the past. They normally pay more than NMW. I would say who you spoke to assumed you where 18 - 20 and quoted their pay for that age. If you are doing a basic job for them I think the pay is around £6.69 p/h for over 21's :)
  • wantsajob
    wantsajob Posts: 705 Forumite
    Age discrimination, while apparently legal under the National Minimum Wage Act 1998, is illegal under the Equality Act 2010. Strange contradictory laws.
    Wanted a job, now have one. :beer:
  • KiKi
    KiKi Posts: 5,381 Forumite
    Part of the Furniture 1,000 Posts
    wantsajob wrote: »
    Age discrimination, while apparently legal under the National Minimum Wage Act 1998, is illegal under the Equality Act 2010. Strange contradictory laws.

    Age discrimination *is* lawful under the Equality Act when it comes to the salary for 'Young Workers'. It is an exception in the act that an employer is allowed to invoke if they want to pay less.

    So not contradictory. :)

    KiKi
    ' <-- See that? It's called an apostrophe. It does not mean "hey, look out, here comes an S".
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