Is this meeting minimum wage?

lauracolley

Hi

This is about my partner. I want to know if this meets minimum wage. He works different hours every week and with different days off. He is a coach driver for a small business. He gets £460 a week after deductions. This week, as a typical example he has worked-
Monday 11am to 10pm with about 6 hours of this being non driving, just waiting around.
Tuesday 11am to 11pm with again about 6 hours non driving, just waiting.
Wednesday he started at 7:30am and was away Wednesday night, getting home for 11pm Thursday. On the Wednesday He was driving till about midday and on the Thursday he started driving about 4pm.
His days off were Friday and Saturday.
Today (sunday) he is working 10am to 9:30pm and will now be driving all the time with a 45 minute break.

Within this time it includes cleaning the coach inside and out and onto of these hours it is a 1 hour daily commute. Thank you.

lincroft1710

It is his gross pay that matters not the net. Commuting time is irrelevant Does his contract specify payment for waiting time.

Andy_L

As lincroft says we need to know his gross salary

However he/his employer might be breaching drivers hours or working time directive as well. 

Hoenir

What does his employment contract say? 

What detail is contained on his payslip i.e. breakdown as to how the gross pay is calculated? 

EnPointe

lauracolley said:

Hi

This is about my partner. I want to know if this meets minimum wage. He works different hours every week and with different days off. He is a coach driver for a small business. He gets £460 a week after deductions. This week, as a typical example he has worked-
Monday 11am to 10pm with about 6 hours of this being non driving, just waiting around.
Tuesday 11am to 11pm with again about 6 hours non driving, just waiting.
Wednesday he started at 7:30am and was away Wednesday night, getting home for 11pm Thursday. On the Wednesday He was driving till about midday and on the Thursday he started driving about 4pm.
His days off were Friday and Saturday.
Today (sunday) he is working 10am to 9:30pm and will now be driving all the time with a 45 minute break.

Within this time it includes cleaning the coach inside and out and onto of these hours it is a 1 hour daily commute. Thank you.

we also need to  know exactly  how the employer treats that 'waiting around'  is it 'other work'  ( the time spent  cleaning and doing vehicle daily checks is 'other work' as  might any time spent  waiting  for  passengers to arrive and board ) or  is it 'break' in excess of the  that required by the relevant driver's hours arrangements (  is this UK domestic  on running boards/log book   or the European standards on tacho )  and  in excess of 2 hours in duration making it as  /split shift'  where he is free to leave premises (  or lock the  vehicle up in a bus/ lorry park )  and treat the time  as his own 

Marcon

lauracolley said:

Hi

This is about my partner. I want to know if this meets minimum wage. He works different hours every week and with different days off. He is a coach driver for a small business. He gets £460 a week after deductions. This week, as a typical example he has worked-
Monday 11am to 10pm with about 6 hours of this being non driving, just waiting around.
Tuesday 11am to 11pm with again about 6 hours non driving, just waiting.
Wednesday he started at 7:30am and was away Wednesday night, getting home for 11pm Thursday. On the Wednesday He was driving till about midday and on the Thursday he started driving about 4pm.
His days off were Friday and Saturday.
Today (sunday) he is working 10am to 9:30pm and will now be driving all the time with a 45 minute break.

Within this time it includes cleaning the coach inside and out and onto of these hours it is a 1 hour daily commute. Thank you.

Try the gov.uk minimum wage calculator: https://www.gov.uk/am-i-getting-minimum-wage

Note particularly the page where it asks how many hours are worked during the pay period: 'This includes any time you’re at work and need to be available for work or any time spent travelling in connection with work (for example, travelling to a training course or between work locations). Do not include overtime or time taken to travel to your normal workplace.'

maman

Also, OP says that her partner works different hours and days each week so perhaps the weekly pay is averaged over a number of weeks. 🤔

Marcon

maman said:

Also, OP says that her partner works different hours and days each week so perhaps the weekly pay is averaged over a number of weeks. 🤔

Depends on the 'pay reference period', which in turn relates to how often he is paid (weekly or monthly), but it can't be a longer period than 31 days.

maman

Marcon said:

maman said:

Also, OP says that her partner works different hours and days each week so perhaps the weekly pay is averaged over a number of weeks. 🤔

Depends on the 'pay reference period', which in turn relates to how often he is paid (weekly or monthly), but it can't be a longer period than 31 days.

It was the £460 a week nett despite different weekly hours that made me question whether it was averaged over perhaps a month.