Accommodation Off-set? charge or benefit?

CL1ff082

This is a hot topic at my work place at the moment as it has miraculously appeared after the NMW became the NLW this month.
Along with cut hours. (157.5 -> 147)
And a pay cut (£20 ish per week)
I did some calculations of my own after finding the gov.uk website but I don't fully understand if I am receiving below NLW?

here is what I have calculated
147 hours week x £7.20 = £1058.40
7 days x £5.35 = £37.45 (what we pay as new accommodation charge)
£1058.40 - £37.45 = £1020.95
£1020.95 / 147 hour = £6.95 per hour??

am I getting less than NLW?
But my employer says that it is OK and correct?
I have no idea what this is and if I have even calculated it right?
or if my employer is having one over on me?
please help as I am totally lost in this jargon.
regards

Guest101

You mean a month not a week I presume?


Presumebly your employer supplies you with accommodation?

CL1ff082

No I mean week! I provide "On call" availability and my employer provides accommodation.

Guest101

CL1ff082 wrote: »

No I mean week! I provide "On call" availability and my employer provides accommodation.

So you sleep 3 hours a day?


What does on call availability actually mean?

CL1ff082

I get paid for 21 hours per day.
3 hours per day are classed as "Break". I can be called out any time of the day so for 21 hours per day I can not undertake any leisure activities! I have to remain at the work place.
there are some days in which I might not get called out and some days which are busy.

Xbigman

£1058.40 divided by 147 is exactly £7.20 per hour. Your employers will argue accommodation is a benefit which they can charge you for so is not included in the NLW calculation. I suspect they are right unless your contract states differently.




Darren

sangie595

Xbigman wrote: »

£1058.40 divided by 147 is exactly £7.20 per hour. Your employers will argue accommodation is a benefit which they can charge you for so is not included in the NLW calculation. I suspect they are right unless your contract states differently.




Darren

Yes. And it isn't just the employer who will argue that accommodation is a benefit - so does HMRC. If you are paying a fair rent for it, then HMRC stay out of the mix - if it is free or below a fair rate, it will be a taxable benefit.


Past that, I am rather confused by both the OP's threads. On the face of it these appear to be unlawful working hours, but for some reason my instinct is not to leap to that conclusion. They are so obviously unreasonable working hours that I can't see any employer being this stupid!


I think we need to know what you do OP.

Guest101

The only thing that springs to mind is live in carer. Typically 1 week on 1 week off

CL1ff082

Hi thanks for the feedback I don't want to name drop the firm I work for as this could cause further problems. I am not a carer. I work in the transport industry and I work 4 weeks then 1 week off unpaid or holiday pay my choice.
I am aware of the 48 hour opt out which only allows a worker to work 78 hours with 90 rest per week. however I believe this is a grey area for the industry I work in along with tacho regs and EDR.

so the £37.45 they can take doesn't affect MLW so in effect I am on £6.95 PH?