Employer paying less than minimum wage and no holiday pay

[Brodiedog]

Good afternon.

Im just looking for a bit of advice on how best to tackle this.

My wife is currently working for a care agency franchise based in Worthing.

 

There are two issues that I want advice on although both issues are intertwined so Ill try to bullet point the issues and keep it both as detailed as possible and short.

 

She does round the clock live in work over weekends with disabled people who require live in 24 hour care. A weekend shift for the sake of this issue is Friday evening 18.00 to Sunday evening 18.00.

She works for the agency on what is I believe called a zero hour contract, so when there is no work she doesnt get paid.

 

Issue 1

We have some time coming up in the summer where we want to go away for a camping break and she approached her employer to find out how much holiday pay she had accrued over the last year.

The admin office told her that they do not pay holiday pay, but they add a little percentage onto her wages.

 

Now Im 100% sure that this is completely illegal. I contacted the office on her behalf and pointed this out and they said that they were not aware of this being illegal and they would look into it.

After a week they have been in touch with my wife (verbally) and told her that they are in the process of changing to a new system whereby holiday pay is put into a fund and paid back to them as holiday pay, but its going to mean that the hourly rate is reduced by up to £1 per hour to cover the deducted holiday pay.

 

 

Issue 2

They have just phoned and asked my wife if she would be interested in covering for a two week (14 day) live in period.

They have offered her £500 per week and told her this is the going rate for a week live in rate and told her its not negotiable.

Now bearing in mind this is round the clock care 24/7 whatever is required, with no official meal breaks or time off, that is £2.97 per hour.

 

Of course the other way of looking at it is that its £1000 over two weeks which we desperately need, but it doesn't change the fact that its actually £2.97 per hour, for 14 days 24/7 with no official breaks...

 

Now getting hold of the boss by the throat and banging his head against something until he agrees to stop ripping my wife off (and all the other women who work for them) and pay her a decent living wage is probably (although it would be very satisfying) not the best way to go about things... So...

 

What do I do? What is the best way to deal with this other than just walk away.

What shouldn't I do (banging peoples heads on desks is probably at the top of this list... Ok

Who can I report this to, and can I do it without it coming back onto my wife and losing her the weekend shifts she does which we desperately need.

 

Now I should make it clear that Im not going to become a martyr for other employees, my wife is looking for other work and if she finds it, we drop this company like a hot potato and walk away. But in the mean time there must be someone we can report this illegal employment practice to.

Thanks in advance for any advice you can give me.

 

Nick

Edited March 25, 2014 by Brodiedog

[leonmassey]

Help

If you have any questions about the national minimum wage phone the Pay and Work Rights Helpline on Tel 0800 917 2368. Lines are open from 8.00 am to 8.00 pm, Monday to Friday and 9.00 am to 1.00 pm, Saturday.

[antone]

Minimum wage is enforced by HMRC, and there's some basic information here.

 

Also see here at gov.uk

[Emmzzi]

I'm happy to offer advice as soon as you edit to remove the company name. Having it in so many times seems like malicious link-back spamming to me and we only have one side of the story.

[Brodiedog]

Ok Company name has been removed. I'm sorry, It was used three times and I thought I was using it in context.

I'm not on a witch hunt, I just want some advice on what we should do really.

Number one choice is walk away and find other work, which we will do when possible, but in the mean time, it is at least income.

 

I'm also going to be checking out the links above. Thank you

[Emmzzi]

Well, you need to be aware that challenging things will likely result in no hours - if she is on a zero hours contract?

 

I might be inclined *after the event* ie when the work is already done, to raise this case which seems relevant to me. See if the kind of care situation sounds the same?

 

http://www.bailii.org/uk/cases/UKEAT/2013/0128_13_1907.html

[renegadeimp]

Whatever you do, please make sure you report them fully to HMRC.

[Emmzzi]

or more immediately the pay and work rights helpline

 

https://www.gov.uk/pay-and-work-rights-helpline

[steampowered]

I've edited your post to remove names for the protection of all involved.