Unpaid Overtime and Minimum Wage

[Deleted User]

Hi all,

I'm 5 months into a new job. Once every other month, I'm required to work Saturday and Sunday on top of my full time hours, plus late on the Monday i.e 12 days straight.

I'm salaried and paid monthly. We don't receive any paid overtime or time off in lieu for the extra. I've realised that on some months, these extra hours mean that I am paid below the minimum wage for that month.

I raised it with my manager, who went to the directors who said they will not consider a raise as I knew what I was getting into when I took the job. The new minimum wage rate came into effect in April, I took the job in February. I have tried to explain that the issue is that they are paying an unlawful wage as of April 2019. No joy.

Any advice as to what to do next?

Comms69

Honest answer - either agree or go elsewhere.



That aside, you can be sacked tomorrow, have no reference and then what?

System

Rainey123 wrote: »

Hi all,

I'm 5 months into a new job. Once every other month, I'm required to work Saturday and Sunday on top of my full time hours, plus late on the Monday i.e 12 days straight.

I'm salaried and paid monthly. We don't receive any paid overtime or time off in lieu for the extra. I've realised that on some months, these extra hours mean that I am paid below the minimum wage for that month.

I raised it with my manager, who went to the directors who said they will not consider a raise as I knew what I was getting into when I took the job. The new minimum wage rate came into effect in April, I took the job in February. I have tried to explain that the issue is that they are paying an unlawful wage as of April 2019. No joy.

Any advice as to what to do next?

Taking the michael, look elsewhere and leave just before one of these unpaid weekends - that should focus their minds!

nicechap

Rainey123 wrote: »

Hi all,

I'm 5 months into a new job. Once every other month, I'm required to work Saturday and Sunday on top of my full time hours, plus late on the Monday i.e 12 days straight.

I'm salaried and paid monthly. We don't receive any paid overtime or time off in lieu for the extra. I've realised that on some months, these extra hours mean that I am paid below the minimum wage for that month.

I raised it with my manager, who went to the directors who said they will not consider a raise as I knew what I was getting into when I took the job. The new minimum wage rate came into effect in April, I took the job in February. I have tried to explain that the issue is that they are paying an unlawful wage as of April 2019. No joy.

Any advice as to what to do next?

Send them a letter before claim detailing the amount owing.

Take them to small claims court.

Report employer to HMRC.

Look for alternative employment.

getmore4less

Comms69 wrote: »

Honest answer - either agree or go elsewhere.


Minimum wage issues are calculated across a prolonged period - I believe its 12 weeks.


That aside, you can be sacked tomorrow, have no reference and then what?

they are calculated across a pay reference period.

Pay reference periods
Pay reference periods are usually set by how often someone is paid, for example one week, one month or 10 days. A pay reference period cannot be longer than 31 days.

A worker must be paid the minimum wage, on average, for the time worked in the pay reference period.

more detail
https://www.gov.uk/national-minimum-wage/employers-and-the-minimum-wage

Comms69

getmore4less wrote: »

they are calculated across a pay reference period.




more detail
https://www.gov.uk/national-minimum-wage/employers-and-the-minimum-wage

Thanks, my mistake

[Deleted User]

Thanks for your replies. Much appreciated.

They are now saying that because I am on an annual salary, I am 'contracted' to work a total number of hours per year, which includes these extra weekend hours every couple of months (I should also note that I haven't been given a contract, no-one has.)
So, they say that even though some pay reference periods (ie calendar months) I am paid below the minimum wage for hours done that month, they are not obliged to top it up, because total number of hours worked per year divided by 12 months averages out at above the minimum wage per month.

ACAS have told me otherwise. Can anyone shed any light on who is actually correct?

Any advice very gratefully received.

Thanks

[Deleted User]

Ask them how many hours it is you are contracted to work per year.

TELLIT01

Contact HMRC and ask them. If they disagree with your employer you will be in a much stronger position to argue your case. If they fire you go through HMRC with a report on payment below minimum wage.

Takeaway_Addict

Rainey123 wrote: »

Thanks for your replies. Much appreciated.

They are now saying that because I am on an annual salary, I am 'contracted' to work a total number of hours per year, which includes these extra weekend hours every couple of months (I should also note that I haven't been given a contract, no-one has.)
So, they say that even though some pay reference periods (ie calendar months) I am paid below the minimum wage for hours done that month, they are not obliged to top it up, because total number of hours worked per year divided by 12 months averages out at above the minimum wage per month.

ACAS have told me otherwise. Can anyone shed any light on who is actually correct?

Any advice very gratefully received.

Thanks

You do realise they will just lower your hourly rate to make sure that you are paid above NLW. You will still earn the same

Vet

Call citizens advice as well or HMRC. They will give you the most accurate info