Over 25 being paid below National Living Allowance

Phil1982

Hi
I am 36 years old. In September 2017 I decided to make a life changing career decision and move out of an office role and into the Plumbing trade. I began studying two evenings per week at college, funded by me. In January 2018 I was employed by a plumbing company as I was looking to gain hands on experience in the field. They offered me £7.00 per hour for a 40 hour week. Being that I was unemployed and looking for work I took the offer.
They agreed to review my position after 3 months to which they were happy to keep me on, but did not offer me anymore money.
I am now still with the company (15 months) and still on the same £7.00 per hour.
With the National Living Wage going up this week to £8.21 it made me think, have I been!underpaid all this time due to my age. Just to make it clear I am not in an apprentice position, and there is no support of my college course by my employer.!

As I'm still employed with this company, is there a certain approach I can take to get this resolved? Any help/advice would be appreciated.

TELLIT01

If you are actually working 7 hours per day, (sorry that should be 8 hours) they are breaking the law. If you have unpaid breaks during the day they may not be, depending on how long the breaks are for.

Phil1982

Thank you. I'm actually working a 8.5 hour day 8:00-16:30, this includes an unpaid half an hour break.

Neil_Jones

Even by September 2017 standards when the minimum wage was then £7.50, £7 was too low then and you should have said something at the time regardless of being desperate to get into work, which I understand, you also shouldn't undersell yourself.

This might be of interest:
https://www.gov.uk/national-minimum-wage/worker-disputes-over-minimum-wage

Note that you can claim unfair dismissal (as documented above) if you get dismissed because you raised the issue of minimum wage.

Edit, just thought: If you don't mind our asking, what is your gross take home pay before deductions? Note that you only have to receive minimum wage before deductions for tax and NI and whatever, not after.

Phil1982

Thanks for the info. Please be advised my monthly gross is £1213.33.

Neil_Jones

£1213.33 is £14,559.96 a year which works out to £279.99 a week which on a 40 hour week is £7 an hour.

I strongly suggest you do something about it as if you are working for £7 an hour that's illegal.

This page might also be of interest, have a word with ACAS:
https://www.citizensadvice.org.uk/work/rights-at-work/pay/getting-paid-less-than-minimum-wage-or-living-wage/

[Deleted User]

Plus at 40 hours a week, on the current NMW your losing over 2.5k per year.

Phil1982

Thanks for your replies guys, really appreciate the info.

TELLIT01

I don't think the employer can get out of it by claiming you accepted that you will only be paid £7 per hour. The NMW is precisely that, the minimum they can pay you by law.

[Deleted User]

I'm sure you can report this to HMRC too.

patman99

You must report it. HMRC will investigate your employer thoroughly and they will make them pay you the difference between what you were paid and NMW.


Btw, decent plumbing companies pay £140 - £180 per day round my area for site plumbers.