Pay Dispute with old Job

rnix

Hello, About 2 weeks ago I brought up to my old employer that I believed I was getting underpaid. (I was getting about £2 below minimum wage) and they told me that they would contact me once spoken to their solicitor. Today I received a letter the solicitor saying the wage was right and than I was an apprentice. I have never signed anything to enrol on an apprenticeship, I did not go to college, There was not any assessments or theory whilst employed there.

What Can I do now?

I have attached pictures of the letter received as well as pictures of my whole contract of employment. Please help me out!

This is the link to the images of the picture: http://imageupper.com/g/?S020001002W13979229601931705


Thanks!

double_mummy

did you not bring this up when signing the contract?
how many hours did you work a week?
request the evidence to show you were an apprentice and advise them that you have no knowledge of being hired as an apprentice but as an assistant advise them that no where within your contract does it state you are an apprentice

rnix

I worked 38 hours a week. Over 5 days.
I didn't bring it up because the way they worded it was like i was training and didn't think much of it till i started reading up about it.

Denning.

Why is the job title crossed out and rewritten in a different pen to the rest of the document?

brendon

Did you start after 6th April 2012? If so, there needs to be an Apprenticeship Agreement in place by law.

rnix

Denning. wrote: »

Why is the job title crossed out and rewritten in a different pen to the rest of the document?

Oh basically, I asked for a copy of my contract, the "photocopier" wasn't working so they rewrote it, they put "apprentice" on this one but the original said "assistant"

brendon wrote: »

Did you start after 6th April 2012? If so, there needs to be an Apprenticeship Agreement in place by law.

I started November 2013

Jobseeeker

How old are you?

ohreally

Jobseeeker wrote: »

How old are you?

http://forums.moneysavingexpert.com/showpost.php?p=65166914&postcount=1

TrickyWicky

rnix wrote: »

What Can I do now?

Nothing! David Cameron and his chums have stitched up your employment rights for things like this.

Well done for sleep walking into our new society

Denning.

TrickyWicky wrote: »

Nothing! David Cameron and his chums have stitched up your employment rights for things like this.

Well done for sleep walking into our new society

Labour did it first...

Anyway, not paying the correct wage is actionable. Not paying NMW is as much a HMRC issue as it is the employees.

First thing Tuesday report them to HMRC.

Are you keeping records of all contact? Of them saying they reconstituted a contract to send to you? You need something more than you just changing the job title. You can't just unilaterally amend a contract.

rnix

Denning. wrote: »

Labour did it first...

Anyway, not paying the correct wage is actionable. Not paying NMW is as much a HMRC issue as it is the employees.

First thing Tuesday report them to HMRC.

Are you keeping records of all contact? Of them saying they reconstituted a contract to send to you? You need something more than you just changing the job title. You can't just unilaterally amend a contract.

I asked for a copy when I was still working there in person. I have all emails saved which have been exchanged.

blondebubbles wrote: »

Did you call the pay and work rights helpline as suggested in your last thread?

Yes. They told me to speak to my boss and then this happened.