#Employment : Iffy Employer (Garage) Is He Breaking the Law?

[deannatrois]

I have a male friend working as a mechanic in a Fast Fit Garage. He has worked from July last year. There are two other employees at the garage plus the owner.

 

He was born in Britain (ie. not an illegal immigrant working off the cards) but gets paid cash in a brown wages envelope. The envelope only shows his net pay.., not his gross pay, it doesn't show how much has been taken off for tax and NI.

 

He has no P60 (and we are not sure when they should be issued).

 

Is the employer breaking the law with these circumstances and what can we do about it without him losing his job? He works every Saturday until 4pm as well as Monday - Friday and we don't even know if he is getting minimum wage lol!

Edited April 13, 2011 by deannatrois
need to remove a bit that has since been answered lol.

[honeybee13]

Hello there. This doesn't sound right to me, but other people here know more than I do. Does your friend have a contract or particulars of employment please?

 

Thinking aloud, they might be able to say he needs to use some of his holiday entitlement, but that depends if they've given him the statutory 28 days including Bank Holidays. Sidewinder has a good sticky on the forum about Bank Hols.

 

My best, HB

[deannatrois]

I've been looking around and seen that he should have been notified of his rate of pay etc within two months of starting work. This wasn't done. He has no idea what his hourly rate is. His 'wage slip' does not even say what his gross pay is so he can't begin to calculate the rate of pay. Only the net pay total is given (not even how much tax and NI was taken off) . The employer is a fairly temperamental man and my friend is concerned if he questions it, he will lose his job. He spent a long time unemployed before this. It does look like (having now worked out the hours he works and how much he receives) he is being paid minimum wage but I am sure the employer is breaking the law providing so little information. He has no idea how much tax/NI is being paid or even if it is being paid.

 

Do we just phone the tax office?

 

Is the employer breaking the law providing so little wage information?

[elpulpo]

Yes and Yes.

[honeybee13]

Yes and Yes.

 

But then it may depend on what outcome your friend wants. If he goes in all guns blazing, the employer could just tell him to go because he has less than a year's service.

 

He's entitled to report his employer to HMRC for the payslips aspect.

 

My best, HB

[deannatrois]

Thank you.., appreciate the advice.

[elpulpo]

But then it may depend on what outcome your friend wants. If he goes in all guns blazing, the employer could just tell him to go because he has less than a year's service.

 

He's entitled to report his employer to HMRC for the payslips aspect.

 

My best, HB

Well, if he wants to addres the issue, he needs to take the employer on sooner or later.

Will the employer get funny about it? Probably so. The OP just needs to make sure he's well prepared and gathers evidence as the matter progresses.

[Atlas01]

If i was him i'd be keeping a detailed record of hours worked and then be waiting until july, once i was 12months + 1 day, i'd be knocking on his door asking him, he could be as angry as he wanted then as i'd have full employment rights (can he prove his start date?)

[elpulpo]

Good idea, Atlas.