NMW. Re: Sleepovers

Doug145

I do a 30hr a wk, which is 2 x 24hr shifts.I'm paid £8.70 from 8am to 11pm and for the sleepover im paid £33 from 11pm to 8am. Been told sleepover is going to be £7.20 an hr which is good but when we got our pay slip and you calculate it, it's actually £7.20 across the 24hr shift, Can they bring down our rate of pay for through the dayshift?
Also the staff that dont do sleepovers are still on £8.70!! We were not given any notice on this also.

TBagpuss

What does your contract say?

tomtontom

How long have you worked there? Are you contracted to 30 hours?

You should be given notice of changes, in theory they need you to agree to them but that's easy enough to work around in practice. It's also lawful to pay different staff different rates, as long as it is not for discriminatory reasons.

sangie595

Doug145 wrote: »

I do a 30hr a wk, which is 2 x 24hr shifts.I'm paid £8.70 from 8am to 11pm and for the sleepover im paid £33 from 11pm to 8am. Been told sleepover is going to be £7.20 an hr which is good but when we got our pay slip and you calculate it, it's actually £7.20 across the 24hr shift, Can they bring down our rate of pay for through the dayshift?
Also the staff that dont do sleepovers are still on £8.70!! We were not given any notice on this also.

Two times 24 hours is 48 hours! Not 30 hours. And it isn't "good" that your employer is going to be paying you across the entire 24 hour shift. It is "bad" because they probably should have been doing this for the last two years! Sleepovers have, in most cases, been included in the calculation of the NMW since 2014, so it would appear that there is a likelihood that your employer has been underpaying you. I doubt that they would have simply decided to pay you for the overnights out of the kindness of their hearts - more likely they have just been successfully sued for money owed by someone, or the "minimum wage police" have caught them!

theoretica

So your shifts are 15 hours working and 9 overnight to get two 24 hour shifts to add up to 30 hours?

My understanding is that the minimum wage needs to be paid on average over the pay period. Your old wage was 30 hours at £8.70 + 2*£33 = 327 a week or 48 hours at £6.81 an hour. As this is over the previous minimum wage your employers don't seem to have been underpaying you until the £7.20 came in at the start of April. You could ask them to confirm they plan to make up the difference since then.