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Is this legal please?

wots
wots Posts: 3 Newbie
in Coronavirus Board

Is this legal what this business is doing please? 
«13

Comments

  • bradders1983
    bradders1983 Posts: 5,684 Forumite
    1,000 Posts Third Anniversary Name Dropper
    Was it a minimum wage increase?
    If so, yes, because you arent actually working any hours.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Appears an error has been made and your employer is correctly rectifying the situation. Your employer has to abide by the rules of the scheme. 
  • bradders1983
    bradders1983 Posts: 5,684 Forumite
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    I assume the employer assumed the government would be covering the increase to the NMW, found out they are not, and are rectfying it. Seems reasonable.
  • Vestraun
    Vestraun Posts: 191 Forumite
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    Yes, perfectly reasonable. 
  • poppy12345
    poppy12345 Posts: 18,974 Forumite
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    Not sure why you think you should be receiving NMW for not working..
  • 7Phil
    7Phil Posts: 496 Forumite
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    poppy12345 said:
    Not sure why you think you should be receiving NMW for not working..
    Not sure why you think someone was saying that..

    The letter is saying that the staff were overpaid as the business increased their pay as per the 1 April NMW increase. As the CJRS is based on Feb pay the business has effectively overpaid staff and are writing to say that the next month's pay will be less the difference.
    It's a bit stiff but OK to do.
  • bradders1983
    bradders1983 Posts: 5,684 Forumite
    1,000 Posts Third Anniversary Name Dropper
    7Phil said:
    poppy12345 said:
    Not sure why you think you should be receiving NMW for not working..
    Not sure why you think someone was saying that..

    The letter is saying that the staff were overpaid as the business increased their pay as per the 1 April NMW increase. As the CJRS is based on Feb pay the business has effectively overpaid staff and are writing to say that the next month's pay will be less the difference.
    It's a bit stiff but OK to do.
    No the OP hasnt said it was NMW related but given its a local bakery based in Wrexham its probably not inconceivable the OP is on mininum wage either in a shop or in the bakery itself.
  • Galloglass
    Galloglass Posts: 1,288 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    It's a bit stiff but OK to do.
    Needs a bit more explaining. If the employer is paying less than NMW, then HMRC will take them to task as will ACAS. There is no indication in the letter that they will pay less than NMW. 

    If they are, your employer should refer to this
    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/877796/nmw-covid-19.pdf
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    • "Free parking" doesn't mean free of rules. Check the rules and if you don't like them, go elsewhere
    • All land is owned. If you are not on yours, you are on someone else's and their rules apply.
    Just visiting - back in 2025
  • bradders1983
    bradders1983 Posts: 5,684 Forumite
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    The NMW does not apply if the OP is sat at home on his or her backside working 0 hours and getting 80%
  • 7Phil
    7Phil Posts: 496 Forumite
    Fourth Anniversary 100 Posts Name Dropper
    @bradders1983 - the poster above me was ridiculing the OP for apparently complaining they should get NMW for no work. In fact the OP never expected or said that at all and has a totally different issue so I ridiculed the poster for their, frankly rude, assumption.

    @Galloglass - the NMW does not apply if you are not actually working. There is no issue furloughing staff and paying 80% of (i.e.: less than the NMW).
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