Help on rate of pay

little_green

My mum has been working in the same job for 3 years now. She works in a cafe which is based inside a corporate company however is not employed by the company directly but by a 3rd party (contactor company) 
So let's say the company she works for is Alpha 
The corporate company that contracts Alpha to take care of the coffee shop on site is called Beta (I assume this is of little relevance) 
About a year after starting the company she worked directly for got bought over by another company (Delta). Nothing changed all staff in the cafe were able to continue their roles as normal. New contracts were issued to reflect they were now emplyees of Delta not Alpha. 

Anyways, since starting she has never had a pay rise. Im assuming there is no legal obligation for the employer to give a pay rise as long as she is being paid at least the minimum wage. Her other colleagues have received pay rises these same years as they are on minimum wage thus have always had the increase that keeps them in line with that however because my mum is over that she hasn't had anything (her hourly rate is more because she is the shift leader) . Come April 2022 her colleagues will again receive a pay rise to keep them in line with national minimum wage however this time the minimum wage will exceed her hourly rate. I assume at that time the employer must increase her wage too & at least match the minimum wage, thus she will then be on the same as her colleagues. She has extra responsibilities being the shift leader over the cafe assistants however if come April they will all be on the same nmw can she advise her employer she no longer wishes to undertake those extra responsibilities since there is no pay incentive to do so. Can they expect her to continue with the extra responsibilities without a higher hourly rate than her colleagues? 
She has raised the issue with her manager on several occasions however it's been met with responses such as "the company is being bought over we are lucky that Delta agreed to keep us on when buying over Alpha they could have fired us & got new staff" & of course "your lucky to have a job during these covid times"

It just seems crazy that you can work for 3 years with NO rise whatsoever. 

Bradden

I think this is the inevitable effect of  increasing min. wages.. it leads to wage inflation for others or they end up in this posiiton. I'm not sure anything can be done legally however - others I'm sure will know for sure.

Savvy_Sue

The answer to "you're lucky to have a job" would seem to be "you're lucky to have me!" Recent reports seem to indicate that hospitality is crying out for staff! 

They haven't done anything wrong, nor would it be wrong to pay all staff the same, and yes she could ask to have her extra duties removed, but honestly? I'd help her look for an employer who would value her loyalty!

General_Grant

little_green said:

My mum has been working in the same job for 3 years now. She works in a cafe which is based inside a corporate company however is not employed by the company directly but by a 3rd party (contactor company) 
So let's say the company she works for is Alpha 
The corporate company that contracts Alpha to take care of the coffee shop on site is called Beta (I assume this is of little relevance) 
About a year after starting the company she worked directly for got bought over by another company (Delta). Nothing changed all staff in the cafe were able to continue their roles as normal. New contracts were issued to reflect they were now emplyees of Delta not Alpha. (1)
Anyways, since starting she has never had a pay rise. Im assuming there is no legal obligation for the employer to give a pay rise as long as she is being paid at least the minimum wage. (2) Her other colleagues have received pay rises these same years as they are on minimum wage thus have always had the increase that keeps them in line with that however because my mum is over that she hasn't had anything (her hourly rate is more because she is the shift leader) . Come April 2022 her colleagues will again receive a pay rise to keep them in line with national minimum wage however this time the minimum wage will exceed her hourly rate. I assume at that time the employer must increase her wage too & at least match the minimum wage, (3) thus she will then be on the same as her colleagues. She has extra responsibilities being the shift leader over the cafe assistants however if come April they will all be on the same nmw can she advise her employer she no longer wishes to undertake those extra responsibilities since there is no pay incentive to do so. (4) Can they expect her to continue  (5) with the extra responsibilities without a higher hourly rate than her colleagues? 
She has raised the issue with her manager on several occasions however it's been met with responses such as "the company is being bought over we are lucky that Delta agreed to keep us on when buying over Alpha they could have fired us & got new staff" (6) & of course "your lucky to have a job during these covid times"

It just seems crazy that you can work for 3 years with NO rise whatsoever. 

(1) Does it show the same, original, start date as when employed by Alpha?
(2) Correct - must pay her National Living Wage as a minimum
(3) as (2)
(4) She could say that but then if she didn't do those duties she wouldn't be doing the job for which her job description would say she is employed.  That's part of her contract.
(5)  They could.
(6)  It would have been difficult to do that - an unfair dismissal I'd suggest.

[Not relevant but I wondered what happened to Gamma.]

Thrugelmir

little_green said:

I assume at that time the employer must increase her wage too & at least match the minimum wage, thus she will then be on the same as her colleagues. 

You've no grounds for assuming anything. Better to wait and see what the employer announces. Logic would actually suggest that there will be a differential. Otherwise no one would accept the role with additional responsibilities.