Being paid below minimum wage?

shortcrust

I work with disabled kids and put in lots of hours above what I'm contracted for (for years and hopefully many more ahead of me, not just six weeks). However, like teachers, I'm on a relatively decent wage and I knew what I was letting myself in for. I find the suggestion that someone on £7.20 should suck it up and work additional hours for free "for the sake of the children" offensive.

TELLIT01

Thanks for all the helpful feedback and support (there'll always be some which isn't!). It's difficult to know what to do in the short term. If she does raise the question about being under paid it could cost her the job as has been suggested. On the other hand it could be a case that the owners are simply so incompetent they don't realise what's happening. The incompetence part isn't in question! :-)

warby68

I would guess their first response was a 'fob off' in the hope she'd just put up with it.

Perhaps she could just try repeating the request politely but formally a couple more times with 'proof' each time of the longer hours and a record which shows it is now the regular time for that route not just an occasional 'blip'

The employer might just respond differently when it all starts to look more official and when the fob off didn't work.

There are no great protections for her here unfortunately - she's in the right but they can just get rid instead of fixing it but if she isn't happy then she has to try.

The employer might just oblige to avoid any official complaints etc, particularly if they have a contract which is regularly up for renewal.

iammumtoone

what does her contract say?

Most will have something in about working extra hours where the business needs it, it should also then include what how those extra hours will be paid/time in lieu etc.

My states I should work extra hours it needed and that those hours will not be paid. However it is different as I earn more than min wage so it will be interesting to see how a minimum wage contract handles this.

TELLIT01

My understanding is that paying people below minimum wage is illegal - full stop. Sports Direct got pulled up for keeping staff after their working hours for a search before leaving the building. As the staff weren't paid for that additional time, and they were on minimum wage, the action broke employment law.

[Deleted User]

https://www.gov.uk/government/organisations/hm-revenue-customs/contact/national-minimum-wage-enquiries-and-complaints