How to tell boss he's not paying NMW for 3 years?

donna066

Hi, We have a dilemma, hubby has worked for boss for 3 years on a farm. Boss has been paying under the old Banding rules- but what he doesn't know they don't exist in England anymore. Also boss treats hubby like a slave, hubby is 57 and he didn't want to upset the apple cart as it were, (as it took him a year to get this job)-
anyway we have been waiting till hubby got another job before we start the ball rolling on the money side. Finally yesterday he landed another job- more money etc ,
So hubby has to give 2 weeks notice- which is not long But, we don't know how to approach the situation- as in we don't know if he has to work out what he owes, or do we?- we talked to ACAS about it - and the guy there told us to ...in his words.... " maybe forget about the 3 years hes not been paying you correctly and can he pay you correctly going forward " !!! I'm not being funny but we have struggled like hell- and at times we have had nothing . so i don't think Acas are the right people to talk to - does anyone know who we can ask for advice about this- I really cant afford a solictor many thanks

elsien

https://www.gov.uk/national-minimum-wage/worker-disputes-over-minimum-wage

https://www.citizensadvice.org.uk/work/rights-at-work/pay/getting-paid-less-than-minimum-wage-or-living-wage/

Acas give shocking advice sometimes. You could try again and see if he gets someone a little more sensible. If he gets nowhere with the employer he could try HMRC. but that might not get him his money back.

Takeaway_Addict

donna066 wrote: »

Hi, We have a dilemma, hubby has worked for boss for 3 years on a farm. Boss has been paying under the old Banding rules- but what he doesn't know they don't exist in England anymore. Also boss treats hubby like a slave, hubby is 57 and he didn't want to upset the apple cart as it were, (as it took him a year to get this job)-
anyway we have been waiting till hubby got another job before we start the ball rolling on the money side. Finally yesterday he landed another job- more money etc ,
So hubby has to give 2 weeks notice- which is not long But, we don't know how to approach the situation- as in we don't know if he has to work out what he owes, or do we?- we talked to ACAS about it - and the guy there told us to ...in his words.... " maybe forget about the 3 years hes not been paying you correctly and can he pay you correctly going forward " !!! I'm not being funny but we have struggled like hell- and at times we have had nothing . so i don't think Acas are the right people to talk to - does anyone know who we can ask for advice about this- I really cant afford a solictor many thanks

I would tell a white lie...

Dear X, here is my notice for 2 weeks. When I got offered the job they said I would be on National living wage, I asked...what was this and they said it was £7.83. I looked up what NLW was and noticed that this is the minimum that a person can be paid and unfortunately you've been paying me £X.XX for the last three years. Could you reimburse me the difference basked on the NLW for the last three years.

If he mentions the Agricultural wage board it got absolved years ago and is no longer valid.

Takeaway_Addict

And unless you can prove every hour he worked (payslips?) then I would work the back pay against his contracted hours each week.

Also I doubt you can claim three years of the difference against the £7.83 but would have to do it based on the NLW for that year. Someone may correct me on this though as I'm not totally 100% sure

Tabbytabitha

Have you been claiming any benefits such as tax credits based on the money he's actually received?

nicechap

donna066 wrote: »

Hi, We have a dilemma, hubby has worked for boss for 3 years on a farm. Boss has been paying under the old Banding rules- but what he doesn't know they don't exist in England anymore. Also boss treats hubby like a slave, hubby is 57 and he didn't want to upset the apple cart as it were, (as it took him a year to get this job)-
anyway we have been waiting till hubby got another job before we start the ball rolling on the money side. Finally yesterday he landed another job- more money etc ,
So hubby has to give 2 weeks notice- which is not long But, we don't know how to approach the situation- as in we don't know if he has to work out what he owes, or do we?- we talked to ACAS about it - and the guy there told us to ...in his words.... " maybe forget about the 3 years hes not been paying you correctly and can he pay you correctly going forward " !!! I'm not being funny but we have struggled like hell- and at times we have had nothing . so i don't think Acas are the right people to talk to - does anyone know who we can ask for advice about this- I really cant afford a solictor many thanks

Quelle surpris. AI/ bot strikes again.

So ACAS tells you to forget about the money owed and get them to pay it right in future despite not being employed by same farmer/ person?

You can't afford a solicitor? Even a free 15/ 30 minute session?

If you have the wherewithal to join a forum and write a post, you have the wherewithal to work out what your hubby is owed, and write a letter before action to make a claim in the the smalls claim court. its not difficult, lots of advice around here and the web if you use the search function correctly.

[Deleted User]

donna066 wrote: »

Hi, We have a dilemma, hubby has worked for boss for 3 years on a farm. Boss has been paying under the old Banding rules- but what he doesn't know they don't exist in England anymore. Also boss treats hubby like a slave, hubby is 57 and he didn't want to upset the apple cart as it were, (as it took him a year to get this job)-
anyway we have been waiting till hubby got another job before we start the ball rolling on the money side. Finally yesterday he landed another job- more money etc ,
So hubby has to give 2 weeks notice- which is not long But, we don't know how to approach the situation- as in we don't know if he has to work out what he owes, or do we?- we talked to ACAS about it - and the guy there told us to ...in his words.... " maybe forget about the 3 years hes not been paying you correctly and can he pay you correctly going forward " !!! I'm not being funny but we have struggled like hell- and at times we have had nothing . so i don't think Acas are the right people to talk to - does anyone know who we can ask for advice about this- I really cant afford a solictor many thanks

Start rattling the cage and what are you going to do when the employer says okay that is 4 weeks notice now then or do I want to write a reference when new employer say's this is what they would like to see.

You might want to do see history looking - only in October 2015 did the rate of pay rise even to £6.50 per hour.

https://www.theguardian.com/society/2014/mar/12/national-minimum-wage-rise-above-inflation

This time in 2015 my rate of pay was £6.31.....

A recent 'Financial Services' type of company made this boo boo!! Lord help us, if given their type of business, they can't work out what some one's pay at minimum should be...

https://www.indeed.co.uk/viewjob?jk=08f7f9de35f79cd5&from=myjobs&tk=1cc930k6a17to1m2
Salary was £14,769 a year
Within days, new advert appears...
https://www.reed.co.uk/jobs/customer-service-assistant-halstead-branch/34977476?source=topmenu.savedjobs
Salary now £16,000 - £17,080 per annum