Minimum wage question

seaweasel

I've been working for a company since last July for £30/day (first at 16 hours/week and 32 since about September) which I know is under minimum wage (I'm 26). I'm planning on leaving soon as I can't afford to work there and I'm expecting another job offer soon (or if not I can temp for £6.50/hour).

My dilemma is that I've picked up good experience and contacts with this employer and I don't want to lose a good reference by trying to claim any backpay I'm due, however I've worked out that the discrepancy is over £1000 which I could really do with to pay off some debt (plus I think we're going to be billed for about a year's worth of electricity in one go).

I don't have a written contract and I'm self-assessed, but I am an employee as opposed to a contractor and a small amount of tax and NIC comes off my wages.

Any ideas?

philipjg

I'd definitely go for the back pay, it is your money, you've earned it and your entitled to it!

Ring the National Minimum Wage helpline on 0845 6000 678.

They are part of the Inland Revenue and have enforcement powers to obtain your money for you.

seaweasel

Thanks philipjg. The thing is, if it was a temp agency or some other company I couldn't care less about then I'd do so, however this job was more about gaining experience and a good reference from them would be useful for future jobs. If I get HMRC involved in reclaiming the money I doubt my boss would look kindly upon me.

I've already emailed the helpline for advice however my problem is a bit more complicated as I've mentioned.

philipjg

I appreciate that but surely £1000 is a massive amount to lose for the sake of a reference.

I wouldn't have thought you would have to make a complaint immediately so if you think your reference is at risk would it be worth waiting a month or two and then making the complaint?

seaweasel

True. I'll see what HMRC say and maybe take it up with them once I've got a new job.

LittleVoice

How come employees are self-assessed? What do you mean? Do you have other work where you are self-employed as well as this PAYE work?

tigtag02

Your employer can NOT give you a bad reference based on the fact you claimed what he owed you!!

IMHO I think he should be dragged over the coals for his behaviour!!

tigtag

seaweasel

I'm a company director too so I'm self-assessed.

Spendless

There was a thread a long time ago in Discussion Time, where the member also wasn't being paid min wage and she reported them (to someone, can't remember who unfortunately). Anyway they came out on a routine check sort of visit and 'discovered' this and told the employer to put it right. it was done confidentially so the employer never discovered that one of the staff had reported them.