Employment ET - Not being paid for hours worked? ***WON WITH COSTS***

[Sidewinder]

So, exactly how many hours are you at work and obliged to do the employer's bidding? You cannot count breaks as work time unless your contract says that you will be paid for that time, and the legal minimum break is for at least 20 minutes in a shift of 6 hours or more.

 

If you are required to be on the premises, even preparing for work should be paid at least at the National Minimum Wage rate.

 

The best that you can do is to enquire as to why the working day is different and why you are being deducted for breaks which you don't get, but you are somewhat stuck in the position that this will inevitably mark you out as trouble and the employer will most likely find a reason to let you go. It isn't fair, or necessarily lawful, but it sounds as though this could end in tears.

 

You could pursue payment for anything which is taking your pay below the NMW or for deductions which are not lawful, but best to do that with a Plan B - ie another job to go to, or having already left!

[stu007]

I would ask for clarification and if they could refer you to the relevant company policies.

[Hacked_Off]

On site for 7 hours 1 hour break paid for 4.75 hours.

 

It's a temp job through an agency working for a company. The company say they can't pay us more than 5 hours ( we havnt even been paid for that) because "I can't go back to the client and say you need more time therefore it'll cost more after we have agreed prices". Basically he's underestimated how long it will take bit Nevermind the temp staff will do it for free.

 

On our time sheets they sent to the agency the company have put 9-2 but it's 9-4.

[renegadeimp]

Sounds like a shady employer. Perhaps get evidence and flag them to the government helpline and hmrc

[Hacked_Off]

I'm gonna stick with it for now and keep records of hours then reclaim if needs be.

[renegadeimp]

If i am right with the above, theyd be fiddling tax too. I wouldnt just put up with it so you could get a big reclaim. I'd drop them right in it, as theyd be doing it to others too.

[Hacked_Off]

They are doing it to others, 8 of us. There just the there's I'm aware of. They do it to there own employees to. I know they pay some cash in hand to!

 

Thing is I need the money at the moment. So it's not a case of hoping for a big reclaim. Merely taking what I can get for now.

[renegadeimp]

Just dont be complacent.

[Hacked_Off]

Wasn't planning on, I'll be gathering evidence over the coming weeks.

[SabreSheep]

photocopy your timesheet, keep all the payslips, create a digital folder and scan them all in too

Scan in a copy of your contract as well.

 

Annoynous tip of to HMRC abotu tax dodging and not paying NMW

[Hacked_Off]

photocopy your timesheet, keep all the payslips, create a digital folder and scan them all in too

Scan in a copy of your contract as well.

 

Annoynous tip of to HMRC abotu tax dodging and not paying NMW

 

This is the thing though, the company using us through the agency did the timesheets themselves. We did not sign them or even see them. I don't thing the company are aware we can see what has been out through online.

 

We were given timesheets to fill in. But were then told a few days later not to fill them in because they will do them.

 

I'm going to keep filling it in so I have a record.

[renegadeimp]

Very much sounds like a shady company and needs to be reported. Not just for breaking the law on NMW, but tax avoidance/dodging too.

[Sidewinder]

If a company takes short cuts like this they will almost certainly be cutting back in other key areas such as Health & Safety. Keep a daily diary of everything for each working day and keep it at home. Write down the exact hours being worked each day and what you were doing during that time. Take it up with the Agency in the first instance as it is obvious that they are being short changed for your time as well!

[Hacked_Off]

The advert says "provided with a uniform and safety equipment" we got a t shirt. Were working with harsh chemicals that literally choke you with no masks or anything.

[renegadeimp]

Then you really need to report them to the authorities an get out of there. You might need the money but is it worth giving your health (Life) for?

[Sidewinder]

Agreed.

 

Speak to the agency about the reduction in wage. If no joy there then speak to the Pay & Works Rights Helpline 0800 917 2368

 

Report them to the HSE if they are breaching H&S legislation

[Hacked_Off]

Not only have they took the mick with hours, we havnt been paid at all.

[Hacked_Off]

Now there saying maybe this afternoon maybe tomorrow.

[Hacked_Off]

Wow it's really kicking off. Half the team have walked out, none have been paid for what they worked. Those who have stayed have also been docked a full days wages!

[renegadeimp]

You REALLY need to get a solicitor on the case, or get reporting that company. Like i said before, it has all the hallmarks of a shady employer.

[Hacked_Off]

Someone who has walked out has reported them to the pay and work right helpline. They said to speak to the agency (said person has been docked two full days, which weren't going to be paid in full anyway) and if the agency don't pay him then they'll investigate. Poor effort on their part if you ask me!

 

I honestly think the agency are in on it. J emailed this morning saying how many hours we did today and will we be paid. He said yes but my timesheet (which he put up after me asking) shows as 0.

 

I've been underpaid by a full day on less just over a weeks wages. Some havnt been paid at all.

[renegadeimp]

Get all of them to report them to the helpline.

[Hacked_Off]

Most of them won't do it sadly

[Hacked_Off]

Well, no one has been paid again. And what they are planning on paying(supposedly) is wrong. The agency say it's the company's fault, and vice versa. Gathered some evidence today so they can shove it and I'll be reporting to everyone.

[Emmzzi]

who is "everyone"?