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NMW question?

Is it legal to employ someone on a salary and 48 hour week that equals £4.60/hr (when the NMW is £6.31)
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Comments

  • No unpaid lunches in there?

    But the short answer is no
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  • amiehall
    amiehall Posts: 1,363 Forumite
    Unless they are under 18

    It's illegal for an under 18 to do more than a 40 hour week
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  • agrinnall
    agrinnall Posts: 23,344 Forumite
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    If the 48 hours includes more than about 9.5 hours of unpaid breaks then yes, it is legal, as that is above NMW.
  • hes 21

    they arent allowing him his lunch break

    job has commission carrot dangled but they are taking the pee, hes in at 08.30, leaving at 18.30 and doing alternate saturdays

    cos he hasnt signed up enough clients he has to stay behind till 7pm tomorrow

    its an estate agents, hes having to use his car to attend viewings, car allowance is £750 a year taxable plus some fuel

    his basic works out at £4.61/hr over 48 hours
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  • amiehall
    amiehall Posts: 1,363 Forumite
    If his commission brings him over NMW then that's fine as well. If it doesn't, then they're required to top his wage up to NMW level.
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  • hes 21

    they arent allowing him his lunch break

    job has commission carrot dangled but they are taking the pee, hes in at 08.30, leaving at 18.30 and doing alternate saturdays

    cos he hasnt signed up enough clients he has to stay behind till 7pm tomorrow

    its an estate agents, hes having to use his car to attend viewings, car allowance is £750 a year taxable plus some fuel

    his basic works out at £4.61/hr over 48 hours

    He should be being paid NMW after commission payments, if he isn't then he should first informally speak to someone and if no luck raise a grievance but the simple fact is, is if he complains then they might start enforcing the targets laid down and dismiss. That and they can dismiss for pretty much anything in the first two years with the exception of upholding statutory rights (NMW would I believe come under this) and discriminatory reasons such as sex gender etc.

    Rock and a hard place.

    Has he got good future prospects?
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
  • hes 21

    they arent allowing him his lunch break

    job has commission carrot dangled but they are taking the pee, hes in at 08.30, leaving at 18.30 and doing alternate saturdays

    cos he hasnt signed up enough clients he has to stay behind till 7pm tomorrow

    its an estate agents, hes having to use his car to attend viewings, car allowance is £750 a year taxable plus some fuel

    his basic works out at £4.61/hr over 48 hours

    Using your own car as an Estate Agent is the status quo, as is working Saturdays and evenings (people wanting to buy houses work week days 9-5 as well.)

    If he isn't getting at least a 20 minute break (which is the minimum the law requires) he should raise a grievance with his manager.
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