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    • jomay1
    • By jomay1 2nd Dec 17, 9:22 AM
    • 3Posts
    • 0Thanks
    contract advice
    • #1
    • 2nd Dec 17, 9:22 AM
    contract advice 2nd Dec 17 at 9:22 AM
    hi new to this site
    can anyone advice me as I think my employers are breaching my contracted pay, as some of you may know there has been discussions over the national minimum wage to care/support worker who do sleeps, the company I work for have offered settlement figures to a handful of my colleagues with the help of unison, my claim was rejected as I am a senior and I am on a higher rate of pay due to my qualifications and my job role, so they have deducted x amount of money from my hourly rate which is 9.90 an hours (which is stated in my contract) to make up my the national minimum wage hourly rate for the 2 sleeps I do a month (which works out at 16.50 hrs a month ) that's how they have worked it out so on the other hand a support worker who does the same hours as myself and the 2 sleeps a month and gets the 7.50 an hour for there sleeps and in their contract it states that they are on 7.80 an hour therefore across the board it increases their hourly rate to 8.83 and hour where it lowers my hourly rate to 9.41 I know it doesn't sound much but over 2yrs it mounts up and also we are both contracted to 150 a month (on a 4 week pay)
Page 1
    • jobbingmusician
    • By jobbingmusician 2nd Dec 17, 9:52 AM
    • 19,141 Posts
    • 19,608 Thanks
    • #2
    • 2nd Dec 17, 9:52 AM
    • #2
    • 2nd Dec 17, 9:52 AM
    Hi jomay and welcome to the board.

    I find your post quite confusing (it is easier to read on a forum if you use short sentences and make a new paragraph every few sentences).

    Firstly, although I suspect your employers are doing wrong, I want to make sure you understand the possible risk of pursuing your claim. If you have been employed by them for less than 2 years, they can get rid of you for any reason. And they are likely to want to get rid of you if you are seen as a troublemaker. Is there a union involved in this, by any chance? It's really worth having them on side to help with battles like this.

    And now I will start at the end.

    In your last sentence you say you are contracted to 150 hours a month but you are paid every 4 weeks. Is this correct or are you actually paid every month?

    If you are convinced that you are being paid less than your contracted hourly rate for your non-sleeping hours, then I would suggest a letter like the one below. I suspect that yes, your employer is entitled to pay you NMW for your sleep in hours.

    Are we talking about your current and future pay, or about pay for a period in the past when they have manipulated your pay and paid a bit extra to some employees to make up the sleep in hours?

    I think what you are saying is that some more junior workers have had a settlement payment to sort out past irregularities, but you have not. So, if you want to pursue this, you need to write to them as follows.

    Dear [employer]

    In the period [start month] to [finish month] 2017 I worked [this number of] waking hours for you plus [this number of] on call sleeping hours. My contract states that the working hours will be paid at 9.90 an hour.

    It seems to me that you have now made an adjustment to this pay and are proposing that this pay is split so that I am paid only 9.41 for my waking hours, and paid the NMW for my [insert number of hours] on call sleeping hours. If this is correct, you are paying me at less than my contractual rate for the work I have done in this period. Could you please clarify whether this is the case?

    There you are. A nice opening gambit. No threats, but it will make them realise that you are not there to be used as a doormat, and they should clarify what's going on. Come back here when you get a reply (assuming the absence of a union means that you decide to fight this yourself.)
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    • ohreally
    • By ohreally 2nd Dec 17, 10:25 AM
    • 6,610 Posts
    • 5,103 Thanks
    • #3
    • 2nd Dec 17, 10:25 AM
    • #3
    • 2nd Dec 17, 10:25 AM
    As Unison are involved you should contact them to understand what provision has been made regarding your position in the matter.
    • mac.d
    • By mac.d 2nd Dec 17, 11:44 AM
    • 638 Posts
    • 514 Thanks
    • #4
    • 2nd Dec 17, 11:44 AM
    • #4
    • 2nd Dec 17, 11:44 AM
    Are you saying that some staff are being paid the hourly rate for sleepovers, but you aren't? Are you still being paid a fixed payment for your sleepover?

    I don't know how prevalent it is, but am aware some care organisations are averaging out hours to make sure that they are meeting the NMW requirements, temporarily while they seek funding for 'proper' hourly wage payments (or remove sleepovers altogether if possible).

    Edit: I'm pretty sure Unison must be aware of this, so legally they can't be doing anything wrong?
    Last edited by mac.d; 02-12-2017 at 11:50 AM.
    • jomay1
    • By jomay1 2nd Dec 17, 12:38 PM
    • 3 Posts
    • 0 Thanks
    • #5
    • 2nd Dec 17, 12:38 PM
    • #5
    • 2nd Dec 17, 12:38 PM
    Unison are involved, yes.
    There is 5 other 'seniors' as well as me who are being paid incorrectly.
    Unison have advised us to send a grievance letter to the CEO and HR and unison have said they will be seeking legal advice.

    Basically, People who work less hours or are on a lower rate of pay are being given a 'top up' for sleep, meaning they are getting in excess of 50 for the sleep when I am only getting 25. Therefore, I am being penalised for being on a higher rate of pay because I am a senior with numerous qualifications and responsibilities.

    Sorry if the first post was confusing, it's hard to explain.
    Thank you for all your advice.
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