Minimum wage/overtime enquiry

davidgmmafan

Hi,

I thought I'd post this up here as I've found conflicting information online. It is quite possible I'm trying to use the wrong tool to fix something but Id be much obliged for any input people have.

Basically my partner works for a large company for whom things have not been going well recently (I might post the name later, I've probably referred to it in previous posts anyway).

The point is the company (potentially) or a manager (certainly) is using this to threaten staff. Some of it is vague stuff like everyone will be trained on everything and if they aren't up to the required standard pretty quickly they will be shown the door.

They have also told staff that they will be expect to work early before the shop opens, and after it closes for which they will not be paid.

This has been done verbally, and bizarrly there have been meetings for which staff have had to come in on days off - they were paid for this.

My first thought was this wouldn't comply with the minimum wage (the unpaid overtime) but it seems this is not clear cut.

There is no right to be paid for overtime according to ,gov.uk, but if you work overtime the employees average pay for the total hours worked mustn't fall below the national minimum wage.

https://www.gov.uk/overtime-your-rights/overview

Some other websites just seem to say the only thing that matters relating to pay for overtime is your contract. Is it safe to assume the above source is correct?

I suspect what is really going on is an inept/opinionated manager is using the crisis as a convenient excuse to scare staff and do what they wanted to do anyway.

Quite why they employ a carrot and stick approach with no carrot is beyond me.

Ok I'll stop editorializing, anyone care to weight in?

PS another legal point if someone works before their shift as a favour and has an accident of some sort are they insured? What if there's a fire alarm? Will they be accounted for?

Undervalued

davidgmmafan wrote: »

Hi,

PS another legal point if someone works before their shift as a favour and has an accident of some sort are they insured? What if there's a fire alarm? Will they be accounted for?

Insured yes, accounted for? That depends on how good or bad their systems are. However, unless people sign or clock on I don't see how this is different to during their normal hours.

Apart from that you have largely answered your own questions. In lots of fields of work people work far longer than their contracted hours. There is no law against it providing their salary divided by the number of hours doesn't fall below the legal minimum.

Or have I missed the point?

davidgmmafan

"In lots of fields of work people work far longer than their contracted hours. There is no law against it providing their salary divided by the number of hours doesn't fall below the legal minimum."

I guess I was wondering if I'm trying to use the wrong tool here. I am also a little shocked that this sort of exploitation is permitted, especially as there would be little in the way of proof (awfully handy for the company that).

I just thought someone else might have had a similar situation.

Never mind.

davidgmmafan

I've got it (Peace in our Time).

After a little more thinking and puzzling over some maths the solution is thus.

As my partner has a fairly small contract and the hourly rate is not hugely over the minimum wage I have calculated if she works more than 30 minutes over her contracted hours then the hourly rate of pay works out at 6.3072, lets be generous and round that up, the more over 30 minutes you get the more it will dip below the magical 6.31 per hour.

It cannot be in the companies interests, if only to protect what is left of their battered reputation, to try to compel employees to accept pay which is contrary to the law.

Furthermore I'm going to ask her to get a copy a of the contract as, to my mind, if that says you will be pay the rate of (usual hourly pay) for overtime then this is the agreement between company and employee which MUST be honored.

It can provide more than the legal minimum which is what I expect to be the case here.

Final option is to join the Union for some advice, see if they have got wind of what is going on.

All of this alongside looking for a new job to escape this tool of a manager of course.