wages (long)

itsmememe

sorry if this is in the wrong place but could really do with some help.
I am on this site alot but have had to use my works email account as i really dont want certain people knowing whats happening
My husband is a farm worker and is having alot of problems with his wages .As he is a farmworker defra has a mimium wage order which is set on 6 levels (which is what i can work out from website)the website is very confusing and i cant work out what my husband mimium wage should be he has no collage levels just what he was learned form 15years works
He has worked for his boss off and on for a few years just doing harvest this year he started at christmas( normals starts in july just for three months)as his boss now has livestock.My husband has no contract but it also looks like its all year around(which is great)
The problem is the boss pays £6.25 a hour and only pays 50 hour a week my husbands working 80+ at min has will sort out rest and end of year but he never gets it also boss pays by cheaque as a when sometimes weekly every second week or even longer does anyone have any advice been ringing CAB all day cant get through thank you

RAS

Hi

This needs a bump, but I think you would find it useful to post on the Employment board as well.

The amount he is getting is above the minimum wage as I understand it. The issues are the unpaid overtime and the hours and the flagrant breaches of employment law.

Most workers are required by EU working time regulations to work no more than 48 hours a week, unless they have signed away their right to the limit. In the absence of a contract, he cannot have signed away his rights. And I think this UK opt out will be removed.

have a look at this http://www.dti.gov.uk/employment/employment-legislation/employment-guidance/page28978.html

and this

http://www.acas.org.uk/index.aspx?articleid=1135

I think you would be better contact either OH union or ACAS and consider taking his employer to a tribunal, where he can expect to be paid for the hours that he works and compensation for the breaches in employment law (like paid leave and required breaks).

It sounds as if OH has dififculty finding permanent employment where you live? I am also aware that a fair number of farmers source workers from gangmasters these days, so it is not easy.

Is there any other job that he could do (even at the minimum wage), like parks or bin collection? Or would his recent experience of livestock make him more employable elsewhere?

I have no doubt this is wrecking havoc with your finances, so if you want, post up an SOA, see here http://forums.moneysavingexpert.com/showthread.html?t=107280 and people will try and help you.

In the short term, I would suggest that OH tries to work only 50 hours a week, which will force his employer to address whether he actually needs staff more than 50 hours a week to do the jobs required or whether he is just letting OH do it because he has been prepared to.

RAS

itsmememe wrote: »

He has worked for his boss off and on for a few years just doing harvest this year he started at christmas( normals starts in july just for three months)as his boss now has livestock.My husband has no contract but it also looks like its all year around(which is great)

Another bit of info

Are you aware that part-time and temporary workers are and have been entitled to the same benefits as full-time workers pro rata? OH has to be given 20 days paid annual leave as a full-time worker and that he should have been given c5 days paid annual leave in recent years?

basil01_2

Hi
From your post it sounds like your husband is not on PAYE, as you state that he is given randam cheques from his boss in payment for work.
Your husband needs to find out just what his employment status is because it sounds like he is doing contract work and thus self-employed.
Its very common in agriculture for situations like this to accur.
If your husband is in need of a go between why don't you try your local NFU office and speak to the agent there, they may have a connection with the farmer in question and could put things right.

RAS

Under the recent changes, anyone who works for one "contractor" is an employee. This affected a lot of "self-employed" computer contractors who only had one contract, often with someone who they had worked for previously but who had "down-sized" to avoid NI ERS, sickness, holiday and pension payments.