Left job midway through the month, is my wage right?

neale

I worked up until the 18th October which is a Friday, when I received my wage slip it was a lot less than I expected. When speaking with my employers they said they have worked it out by dividing my monthly salary by the 31 days in October x 18 days worked. I left on a Friday so this means they have divided my salary to include weekends but are refusing to pay me the 2 days of the weekend because I didn't put the Sunday down on my resignation. As this only works out to £254.43 for the full week. Which would be £6.87 per hour. Surely this can't be correct?


I have pointed this out to the payroll officer and he said because I'm salaried this is how they work it out and I am not entitled to the pay over the weekend.


Does anyone know if this is actually legal or should I speak to ACAS?

Savvy_Sue

I suspect it's legal because it's the default way some payroll software does it.

neale

I get that but surely they should have included the weekend as well? As I have worked a full week, I'm just a bit confused how they can pay you less than minimum wage but get away with it, when you've worked your full contracted hours.

TELLIT01

Unless you worked every day, you didn't work 18 days if you left on the 18th of the month. What were you working hours/days during the period in dispute? What was your annual salary?

CJSport

neale wrote: »

I worked up until the 18th October which is a Friday, when I received my wage slip it was a lot less than I expected. When speaking with my employers they said they have worked it out by dividing my monthly salary by the 31 days in October x 18 days worked. I left on a Friday so this means they have divided my salary to include weekends but are refusing to pay me the 2 days of the weekend because I didn't put the Sunday down on my resignation. As this only works out to £254.43 for the full week. Which would be £6.87 per hour. Surely this can't be correct?


I have pointed this out to the payroll officer and he said because I'm salaried this is how they work it out and I am not entitled to the pay over the weekend.


Does anyone know if this is actually legal or should I speak to ACAS?

What do you mean by 'didn't put the Sunday down on my resignation'?

Tigger_looks_bigger

Every pay period needs to be over minimum wage. So technically what they've done is illegal. You can contact acas for advise they're really helpful for information.



BUT it's likely as you're salaried your old work would simply claim back your 'over' pay from previous shorter working hour months to make up this months wage. It's just how salaried employment works.


Might be better to calculate how much you've had this year. Also are you up to date on holidays?

Undervalued

Tigger_looks_bigger wrote: »

Every pay period needs to be over minimum wage. So technically what they've done is illegal. You can contact acas for advise they're really helpful for information.



BUT it's likely as you're salaried your old work would simply claim back your 'over' pay from previous shorter working hour months to make up this months wage. It's just how salaried employment works.


Might be better to calculate how much you've had this year. Also are you up to date on holidays?

Final pay doesn't if any deductions are owing to the employer.

Obviously the OP is entitled to know exactly how the amount was calculated and can challenge it if it is wrong.

Also the actual number of working days in a month can vary, even for somebody who works a "normal" five day Mon - Fri job, depending on how the days fall and how many days there are in the month. Some calculate this exactly and some pay 1/12 of the annual salary each month regardless. Both are legal and the exact amount due could vary depending on which method they use.

theoretica

Tigger_looks_bigger wrote: »

Every pay period needs to be over minimum wage.

True

Tigger_looks_bigger wrote: »

So technically what they've done is illegal.

This does not follow, and I think is not true - because the pay period here is not a week - it is a month. Calculated over the (portion of) the month this pay packet covers the hourly rate averages higher and over the minimum wage.

Tigger_looks_bigger

Undervalued wrote: »

Final pay doesn't if any deductions are owing to the employer.

Obviously the OP is entitled to know exactly how the amount was calculated and can challenge it if it is wrong.

Also the actual number of working days in a month can vary, even for somebody who works a "normal" five day Mon - Fri job, depending on how the days fall and how many days there are in the month. Some calculate this exactly and some pay 1/12 of the annual salary each month regardless. Both are legal and the exact amount due could vary depending on which method they use.

You're right I should have mentioned- before certain deductions which can apply to any months salary.

Calculating 1/12 of annual salary isn't neccessarily legal if it means you got paid under minimum wage though. I know this because I successfully claimed against a minimum wage summer job for this. Even on longer employment contracts it is still technically illegal to be paid under minimum wage for any pay period. My old workplace were warned about this regarding their minimum wage staff who worked there all year round.

theoretica wrote: »

True


This does not follow, and I think is not true - because the pay period here is not a week - it is a month. Calculated over the (portion of) the month this pay packet covers the hourly rate averages higher and over the minimum wage.

I was going on what op said regarding hourly wage being under. Don't know what hours/days have been worked so only have ops working out of hourly wage to go on. How are you working it out? I'd guess op had divided full pay by days and hours worked in october. Nothing else would really make sense?