Is This Takeaway Franchise ripping off my son?

Chelsea_Blue

My son, who is 20 years old has been working for a well known national takeaway franchise receiving minimum wage for two years.
Everything started well regarding his wages until he was promoted to a supervisory role. He was told he would receive an extra £1.00 per hour for this role. Therefore £5.30 + £1.00 = £6.30
When the first National Minimum wage rise came about last October he never received the extra payment. So in effect he was still only earning £6.30. ( £5.55 + £0.75 ) He was told by his employer that it is ok for them to do that as he is still earning more than the minimum wage!!!
Well this has happened again with the recent Minimum wage increase from £5.55 to £5.60. So now it works in a supervisory role for an extra £0.70 per hour.
I have asked him for a copy of his contract but nobody knows where they are and the franchisee says everything is correct.
He doesn't want to leave his job, but is clearly being exploited.
Are they breaking any laws? He doesn't want me to kick up a fuss. He is not the only one in his store.

gettingtheresometime

If he's earning more than the minimum wage then the employer isn't doing anything illegal - though obviously he's getting less of a supervisory premium than he was before.


It happens when people who are on the minimum wage effectively gets a payrise because the govt have forced the employer to give them one but the other employees don't get one because they are earning above the minimum wage.


The only advantage to him carrying on his supervisory role is the experience he's gaining so he can move on

ACG

Providing he is earning minimum wage they are not breaking any law. There is no requirement (unless it is part of his contract) to increase his wage inline with inflation/minimum wage or anything else.

I used to own a pub, our bar staff were on minimum wage and the supervisor was on £1 above minimum wage.

If your son took a wage on £50k and stayed there for 20 years with no pay rises, so long as he was still earning at least minimum wage he could go 20 years without a rise.

Im not saying that is right or wrong, but it is what it is.

Livelongandprosper

Happens everywhere

Last job I was in, the dishwashers earned same per hour as myself, who actually done the cooking, once the NMW was introduced

marliepanda

Happens everywhere. Once at Marks and Sparks it removed the lower 'premium' to zero.

Chelsea_Blue

This is what they are telling him and it seems so wrong to me. Also, it's interesting that he has not been given a contract of employment, I thought it was legal requirement.
It will be interesting to see how they handle things when he soon turns 21 and the minimum wage rises £7.05. They will probably tell him that is all they pay for a supervisory role despite his age!!!

custardy

The minimum has changed.
What he is paid has not been

Ozzuk

It's a 'minimum' wage, it doesn't mean everyone else in the company gets a pay rise.

There could be an opportunity if the role has a defined premium attached, as in we'll pay you minimum wage plus £1/hour, and this is in a contract. However, if it is just he was given a payrise to do the role and now the lower roles have risen then there is no requirement to review his salary that I can think of.

Undervalued

Chelsea_Blue wrote: »

This is what they are telling him and it seems so wrong to me. Also, it's interesting that he has not been given a contract of employment, I thought it was legal requirement.
It will be interesting to see how they handle things when he soon turns 21 and the minimum wage rises £7.05. They will probably tell him that is all they pay for a supervisory role despite his age!!!

It is a legal requirement to give an employee a statement of their main particulars of employment within eight weeks of starting. Often this is what people call a "contract" although actually a contract has been formed just by working there and getting paid.

The problem is there is no useful remedy if they fail to do this. If he has other valid grounds to make an employment tribunal claim then he could add this failing to the claim and he might be awarded a little extra money. However you cannot bring a claim for this failing on its own (law changed on this quite a few years ago).

kathrynha

Unfortunately a downside of the minimum wage is that as minimum wage goes up, more jobs become minimum wage jobs

Chelsea_Blue

Ozzuk wrote: »

It's a 'minimum' wage, it doesn't mean everyone else in the company gets a pay rise.

There could be an opportunity if the role has a defined premium attached, as in we'll pay you minimum wage plus £1/hour, and this is in a contract. However, if it is just he was given a payrise to do the role and now the lower roles have risen then there is no requirement to review his salary that I can think of.

I think this is how it was sold to him at the time by the Store Manager, but we all know they will tell you whatever they want to get you to do the job!!!
The wife has been in retailing for over 30 years and always giggles when she hears managers telling new employees absolute bovine.:rotfl:

Still it's all good experience for him for when he moves on or gives them the keys back and reverts to a basic instore with regular set hours.