Is my employer breaking national minimum wage law?

[Deleted User]

Hi all, looking for a bit of advice. I have been working as a support worker in the community for an organisation since last October. Like all my non management colleagues I am on a zero hour contract. I get paid for the time each visit lasts but not for travel time. I can claim back travel expenses but only to a max of £4.50 a day if I have gone on more than one visit. I earn £6.40 an hour so even with the expenses this would still take me down to below national min wage for my hours in work. I have then read this article http://www.communitycare.co.uk/articles/20/03/2013/119021/non-payment-of-travel-time-for-care-workers-breaks-minimum-wage-laws.htm in which care services minister Norman Lamb has said that the practice is an offence. The time I have between clients is usually how much time I need to get to the next client, with no time slotted in for a break of any kind.
Another issue is that when I have booked leave, and requested cover this is not provided. So I end up having to owe the client the hours back. I end up working the same hours just often moving around my rest days instead of having actual annual leave. Recently I had to book some days leave and asked my line manager well in advance to find cover as the client was keen for the visit to go ahead on that day. Cover was only arranged at the last minute and fell through, leaving the client I had worked closely with for month feeling upset and let down. This client then left the service.
As part of my role we have to submit paperwork at the end of the month. We were told if it was not submitted by the deadline we would not be paid (fair enough I guess). Now however we are suddenly being told that it must be signed by the client (again fine) and then we must also make a copy for the client. We do not regularly go to the office, do not have time to do the extra paperwork during the visit and will not be financially compensated for doing the extra work load at home. We have also been told that we will not be paid full stop if this does not happen. Can my employer threaten this? The constant threats via email to not be paid for the changing goal posts over the admin are causing myself and my colleagues great anxiety. These issues have already caused me to seek new employment elsewhere as I do not feel well supported by my employer at all.

lizziebabe

Hi - sorry to hear your problems. Do you belong to a Union, if not join one smartish. Then copy and print all the e-mails you have been sent and ask for advice. If this is not possible perhaps go and see someone at CAB and ask their advice.
It would seem that your boss is not supporting you and expecting far too much. I hope you get help soon.

[Deleted User]

I am in a union, I will phone them shortly. I just wanted to see first if it was just me or if my employer was not treating the staff properly.

lizziebabe

No. it is definitely not you. Some employers with staff on zero contract hours seem to think their workers don't have rights. Before you see your Union Rep dig out a copy of your contract so you can discuss that too!

All the best.

elsien

With regard to the annual leave, surely its the company that owes the client the hours, not you as an individual worker? You're on a zero hour contract - what happens if you go away for 2 weeks. You couldn't possibly make up all the lost time.
Unfortunately this type of thing does seem to be getting more prevalent in the care sector with the rise in individual budgets and more people wanting odd hours support here and there. My advice would be to carry on with the job hunting.
In the meantime, do you have an all in one printer at home. You could argue that scanning and emailing forms would cover the need for duplicates. With the added advantage that you'd have your own record as well.

[Deleted User]

I have a scanner and printer at home, however as the documents are classed as confidential I am unsure if it would be ok to email them. We cannot even email them into the office we have to either post them or deliver them by hand.