Employer's manner of calculating hours means I was paid below NMW

pkwpkw1

Marcon said:

If you left after two weeks how could you have worked 54 days?

I meant HOURS, of course!! Sorry.

saajan_12

pkwpkw1 said:

This was a salaried position, contracted for 30 hours a week, 5 days over 7. I worked 2 weeks excluding weekends.

Okay, a bit wierd to give an hourly rate and then treat it in the calculations as a monthly/annual salary. 

However if they're seeing it as monthly 130.45 hours / month, then you worked the full time schedule from your first day to your last day, ie 14 days (or at least 12 days if they say you quit before a weekend). You weren't 'absent' on the weekend days, that was just the normal schedule and as they say "the actual work schedule and the days you have worked are not relevant under this system".

Under this calculation you may lose out on the 2nd weekend (assuming you started on a monday) - there's normally some inaccuracy with the first or last weekend (/non working days) with salaried employees, but usually the impact is small over several months or years. Here it has a relatively larger impact on you due to the short timeframe. 

pkwpkw1

saajan_12 said:

pkwpkw1 said:

This was a salaried position, contracted for 30 hours a week, 5 days over 7. I worked 2 weeks excluding weekends.

Okay, a bit wierd to give an hourly rate and then treat it in the calculations as a monthly/annual salary. 

However if they're seeing it as monthly 130.45 hours / month, then you worked the full time schedule from your first day to your last day, ie 14 days (or at least 12 days if they say you quit before a weekend). You weren't 'absent' on the weekend days, that was just the normal schedule and as they say "the actual work schedule and the days you have worked are not relevant under this system".

Under this calculation you may lose out on the 2nd weekend (assuming you started on a monday) - there's normally some inaccuracy with the first or last weekend (/non working days) with salaried employees, but usually the impact is small over several months or years. Here it has a relatively larger impact on you due to the short timeframe. 

Why 14 days? It was 10 working days. Mon-Fri for 2 weeks. Anyhow, I have emailed them back, I'll see what they say.

NCC1701-A

pkwpkw1 said:

saajan_12 said:

pkwpkw1 said:

This was a salaried position, contracted for 30 hours a week, 5 days over 7. I worked 2 weeks excluding weekends.

Okay, a bit wierd to give an hourly rate and then treat it in the calculations as a monthly/annual salary. 

However if they're seeing it as monthly 130.45 hours / month, then you worked the full time schedule from your first day to your last day, ie 14 days (or at least 12 days if they say you quit before a weekend). You weren't 'absent' on the weekend days, that was just the normal schedule and as they say "the actual work schedule and the days you have worked are not relevant under this system".

Under this calculation you may lose out on the 2nd weekend (assuming you started on a monday) - there's normally some inaccuracy with the first or last weekend (/non working days) with salaried employees, but usually the impact is small over several months or years. Here it has a relatively larger impact on you due to the short timeframe. 

Why 14 days? It was 10 working days. Mon-Fri for 2 weeks. Anyhow, I have emailed them back, I'll see what they say.

I'm sure I'm going to regret this, but in previous post you said you left after 54 hours not 60, and that one day was in previous calendar month.

That means 6 days for first week and only 4 days the second week = 10 days.  10/31 * 130.45 = 42 hours.

Whilst that might things easy for them to administer, they owe you for all the hours worked.  So 54, plus holiday accrued (another 6.5 hrs).

pkwpkw1

NCC1701-A said:

I'm sure I'm going to regret this, but in previous post you said you left after 54 hours not 60, and that one day was in previous calendar month.

That means 6 days for first week and only 4 days the second week = 10 days.  10/31 * 130.45 = 42 hours.

Whilst that might things easy for them to administer, they owe you for all the hours worked.  So 54, plus holiday accrued (another 6.5 hrs).

Why regret?
Yes, 54 but they themselves are counting the last day, so 60 according to them. I haven't even considered holiday.
I think the issue here is why they are 31 days and not 20.
In any case, I have contacted the HMRC about this, I'll let them adjucate on who's in the right.

penners324

G back to them to state they still owe at least 4 days plus 1 day holiday.

saajan_12

pkwpkw1 said:

saajan_12 said:

pkwpkw1 said:

This was a salaried position, contracted for 30 hours a week, 5 days over 7. I worked 2 weeks excluding weekends.

Okay, a bit wierd to give an hourly rate and then treat it in the calculations as a monthly/annual salary. 

However if they're seeing it as monthly 130.45 hours / month, then you worked the full time schedule from your first day to your last day, ie 14 days (or at least 12 days if they say you quit before a weekend). You weren't 'absent' on the weekend days, that was just the normal schedule and as they say "the actual work schedule and the days you have worked are not relevant under this system".

Under this calculation you may lose out on the 2nd weekend (assuming you started on a monday) - there's normally some inaccuracy with the first or last weekend (/non working days) with salaried employees, but usually the impact is small over several months or years. Here it has a relatively larger impact on you due to the short timeframe. 

Why 14 days? It was 10 working days. Mon-Fri for 2 weeks. Anyhow, I have emailed them back, I'll see what they say.

What date was your first day and last day? May be easier to describe that way.