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Over 25 being paid below National Living Allowance

2

Comments

  • Neil_Jones
    Neil_Jones Posts: 9,674 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    If HMRC get involved you should get all the underpayment pay backdated to September 2017, and companies do get named and shamed on a regular basis for not paying at least minimum wage - that is not good advertising for any compmany.

    This is one of those situations where you must fight for what is legally yours when you have the full weight of the law behind you and you are legally protected for unfair dismissal, so it will probably be cheaper and quicker for them to give you money than have HMRC poking their nose in.

    And of course when you get your money, you may want to consider finding another plumbing company to work for.
  • patman99 wrote: »
    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.

    Likewise a Service Administrator for the engineers can be paid around £8.50 per hour (job I'd turned down) but as the owner of the company indicated plumbing has it's busy and quiet moments and they often play Russian roulette with having workers.

    Yes I'd say the OP needs to say something - mid March I said to HR about my wage going up and while they pulled a face at first, the letters come around sure enough on the 2nd April advising some of us had, just had our yearly pay increase. (thanks only to the government)

    Leaving a 40 hour job of £17k £8.21 going to a job paying £9 per hour but only a gorgeous 35 hour week for a way less stressful job (once background checks complete) and will bring in just over 16k - I found out hourly rate doesn't mean everything.
  • BoGoF
    BoGoF Posts: 7,098 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Could you have been considered an apprentice?

    The NMW rates for apprentices are different.
  • comeandgo
    comeandgo Posts: 5,930 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    BoGoF wrote: »
    Could you have been considered an apprentice?

    The NMW rates for apprentices are different.

    Only different for first year apprentice, after that NMW kicks in if it is more.
  • Hasbeen
    Hasbeen Posts: 4,404 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    BoGoF wrote: »
    Could you have been considered an apprentice?

    The NMW rates for apprentices are different.

    https://www.taxguideforstudents.org.uk/volunteering-training/how-are-apprentices-taxed/what-is-the-national-minimum-wage-for-an-apprentice
    The world is not ruined by the wickedness of the wicked, but by the weakness of the good. Napoleon
  • Neil_Jones
    Neil_Jones Posts: 9,674 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    While the first year apprentice rate is pitifully low, the OP has already stated they were on £7 an hour. For a January 2018 start this was already an issue (as the minimum wage then was £7.50). The last time any person aged over 25 could be paid less than £7 an hour ended in April 2016 when it went up to £7.20 from £6.70.

    Now all of this being said the apprentice wage is only a minimum, when I was applying for them I found one that was offering effectively double the minimum apprentice wage of the time, £6.75 I think it worked out to. So high paying apprenticeships do exist but they are very much the exception to the norm.
  • Phil1982
    Phil1982 Posts: 6 Forumite
    Thank you for the responses, it might be a mix up on their part then. However I can confirm in the original offer they have stated 'we can offer you emploment, we can offer £7.00ph.' As I am doing an evening course in the subject if it was offered as an apprenticeship it would have to be signed up through the college, also the price of the course and support of study may have been mentioned I would have thought. The worst part is I am now at the point in my course (starting Sept 19) of requiring a placement as an apprentice to complete the evidence and final stage of the level 2 qualification. This could get very awkward with the current employer.
  • TELLIT01
    TELLIT01 Posts: 18,280 Forumite
    Part of the Furniture 10,000 Posts Name Dropper PPI Party Pooper
    As there is a possibility, however small, that the pay is correct due to some form of apprenticeship you still need to contact HR for clarification of why you are being paid at the rate you are. Rather than stating you have been underpaid, say that it appears you have been underpaid and request an explanation, and the backpay if you have been underpaid.
  • sammyjammy
    sammyjammy Posts: 8,008 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Phil1982 wrote: »
    Thank you for the responses, it might be a mix up on their part then. However I can confirm in the original offer they have stated 'we can offer you emploment, we can offer £7.00ph.' As I am doing an evening course in the subject if it was offered as an apprenticeship it would have to be signed up through the college, also the price of the course and support of study may have been mentioned I would have thought. The worst part is I am now at the point in my course (starting Sept 19) of requiring a placement as an apprentice to complete the evidence and final stage of the level 2 qualification. This could get very awkward with the current employer.

    Will the college help you find an Apprentice placement with a different employer?

    If you could do that you could then put in a claim for the monies due post employment with this employer.
    "You've been reading SOS when it's just your clock reading 5:05 "
  • NBLondon
    NBLondon Posts: 5,725 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    TELLIT01 wrote: »
    As there is a possibility, however small, that the pay is correct due to some form of apprenticeship
    It can't be a valid apprenticeship without the OP having signed an apprenticeship agreement and getting 20% of the time for off-the-job training - evening courses wouldn't count (unless the OP was on night shift).
    I need to think of something new here...
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