Being paid below minimum wage?

TELLIT01

My sister-in-law works as chaperone to children with learning difficulties, on their transport to and from their school. She is paid a flat rate equal to 3 hours each day. In the past few months the children involved have changed which means she is now working nearer 4 hours per day, due to travelling considerably further.
I suspect this means that she is earning below minimum wage, but the people who own the company are basically saying she signed up for 3 hours and if things run over it's just tough. Obviously one option is to jack in the job, but that's not really an immediate option. If she's unable to convince the employer that they are breaking the law, how does she do anything about it?

Guest101

TELLIT01 wrote: »

My sister-in-law works as chaperone to children with learning difficulties, on their transport to and from their school. She is paid a flat rate equal to 3 hours each day. In the past few months the children involved have changed which means she is now working nearer 4 hours per day, due to travelling considerably further.
I suspect this means that she is earning below minimum wage, but the people who own the company are basically saying she signed up for 3 hours and if things run over it's just tough. Obviously one option is to jack in the job, but that's not really an immediate option. If she's unable to convince the employer that they are breaking the law, how does she do anything about it?

Well she could turn around and say, you're right it's 3 hours a day and if it runs over i'll just go home.


But realistically you need to find out if she is actually earning below NMW and how long she's worked there.

Savvy_Sue

Take what she's paid each week. Divide it by NMW. That tells you how many hours maximum she's being paid for. Take it from there.

TELLIT01

She is paid 7.20 per hour, she is well over 25. Pay works out at that rate when calculated on the basis of 3 hours per day, but the reality is that she is working close on 4 hours per day. Hardly practical to go home after 3 hours as she'll be on the coach with disabled kids to look after at that point.
I'm aware she isn't protected by much in the way of general employment law as she hasn't worked for them for 2 years. She should still be paid minimum wage shouldn't she?

Guest101

TELLIT01 wrote: »

She is paid 7.20 per hour, she is well over 25. Pay works out at that rate when calculated on the basis of 3 hours per day, but the reality is that she is working close on 4 hours per day. Hardly practical to go home after 3 hours as she'll be on the coach with disabled kids to look after at that point.
I'm aware she isn't protected by much in the way of general employment law as she hasn't worked for them for 2 years. She should still be paid minimum wage shouldn't she?

Absolutely and if it's below that then HMRC need to know

TELLIT01

Thanks. It was who to inform that I was unsure of.

Undervalued

TELLIT01 wrote: »

She is paid 7.20 per hour, she is well over 25. Pay works out at that rate when calculated on the basis of 3 hours per day, but the reality is that she is working close on 4 hours per day. Hardly practical to go home after 3 hours as she'll be on the coach with disabled kids to look after at that point.
I'm aware she isn't protected by much in the way of general employment law as she hasn't worked for them for 2 years. She should still be paid minimum wage shouldn't she?

Yes she should but enforcing it and realistically keeping the job may prove very difficult.

Obviously, in theory she is protected as if she were to be dismissed for claiming a statutory right she could make an unfair dismissal claim regardless of length of service. But in the real world.....

Normally my advice under such circumstances is to find another job then, if she wishes, pursue a claim against the first employer for the extra money.

getmore4less

Any others effected by the company policy?
This is where it helps if every one complains to HMRC at the same time.

The other thing to do is keep good records of the hours worked a casual enquiry to the driver of the coach may establish if there are logs that could be used to evidence the hours.

if the company is dodgy on NMW have you checked the holidays, might be they are dodgy with those as well.


Who engages the company for these children? (local authority parents/schools etc)

A complaint to them may find they are charging full rate/hours.

kingfisherblue

Isn't she employed by the local authority? In my area, school escorts are employed by the LA, not by individual companies. The LA is responsible for all aspects of employment, including DBS checks, which escort is on which bus, wages, etc.

SEN Transport at the local council may be able to help, and may intervene on her behalf, as they will not approve of companies contracted to them breaking the law.

sangie595

kingfisherblue wrote: »

Isn't she employed by the local authority? In my area, school escorts are employed by the LA, not by individual companies. The LA is responsible for all aspects of employment, including DBS checks, which escort is on which bus, wages, etc.

SEN Transport at the local council may be able to help, and may intervene on her behalf, as they will not approve of companies contracted to them breaking the law.

I agree. In many authorities these services are commissioned out, but that doesn't mean the local authority have no interest. They would mostly like to hear if the services are breaking the law!

TELLIT01

Undervalued wrote: »

Normally my advice under such circumstances is to find another job then, if she wishes, pursue a claim against the first employer for the extra money.

I think that's probably the route she will take. I know she is looking for alternative work.