Help - Been told the work I did was unpaid trial

[Maki]

Hi All

 

I hope this is in the correct place as I wasn't sure if it was National Minimum Wage or not, but here goes.

 

After many months of being unemployed I have started a job as a waiter in a restaurant. I was told to turn up on the Thursday for a couple of hours trial shift.

 

On arrival I was given a uniform, told how to pass the orders to the kitchen and then left to get on with it. When I asked how long I was working the manager said my shift was 4.5 hours - wasnt what I expected, but it was fine as I just thought of the extra money.

 

Its now a week later (after being told I had got the job) and I've been to collect my wage only to be told that my first shift was an unpaid trial.

 

At the time no-one had told me it was unpaid, I was given a uniform to wear and really did work on the busy night - at the end of the night they asked if I wanted to consider a team leaders position.

 

Whist £40 for the night may not sound like a lot of money, it certainly means a lot to me at the moment and more than the company I'm sure.

 

After questioning the fact this was surely against Minimum Wage I was told it wasn't as this is something they always do with staff on trial - they did say sorry for not telling me.

 

My shirt was also stolen on the night as I had to leave my own shirt where customers hang their coats up as there are no lockers or anywhere other than front of house to leave clothes.

 

My question is, can I push for payment and can I claim for the cost of the shirt ?

 

I'm happy to say I've now got a trial arranged at another company who are paying as they don't believe the unpaid trial is good practise, but I don't see why I should be out of pocket for my shirt and time.

 

To top it all after I told them I was going to get some advice on this they asked me for my address, date of birth and copy of my passport as they didn't have my details on file - even though I'd worked 3 shifts.

 

Sorry for my ramblings and any advice is much appreciated.

 

Cheers

Andy

[Bigredbus]

Hi, and welcome to the CAG...

 

They should have informed you that the trial period was unpaid, although it is, as stated in your post, poor practice.

 

Did you have to fill in an attendance sheet on the day?

 

As per your shirt, it is all down to the employer accepting responsibility...

[Maki]

Thanks for the welcome and the reply.

 

No, I didn't have to sign in or anything and haven't had to do on any of the shifts I worked since.

 

Cheers

[Maki]

Just thought I'd post an update in case anyone else comes accross this problem.

 

Having spoken to the Pay and Work Credits Unit at HM Revenue and Customs they have confirmed this is illegal under the National Minimum Wages Act and are taking my case up.

 

In the meantime I've spoken to my employer and explained HMRC have taken the case up and have now been told they will pay me the money owed.

 

Result

[zazen.warrior]

Post removed.

Edited July 29, 2010 by zazen.warrior

[honeybee13]

Excellent result, well done you.

 

HB x

[Hacked_Off]

Just thought I'd post an update in case anyone else comes accross this problem.

 

Having spoken to the Pay and Work Credits Unit at HM Revenue and Customs they have confirmed this is illegal under the National Minimum Wages Act and are taking my case up.

 

In the meantime I've spoken to my employer and explained HMRC have taken the case up and have now been told they will pay me the money owed.

 

Result

 

Thanks for this!! i have a work trial monday and i'm not sure if i will get paid!