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Problem working for my employer

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i need some advice if anyone can help?????

i work for ((Edit) and have done for the past 4 years i work in a store that is full of women my problem is that they are trying to manage me out the buisiness saying i am not hitting my targets and have put me on an action plan i dont think this is fair or legal as i have to do all the hard work of moving all the suites ,tvs and everything else and the women do nothing but sell all the jobs that i have to do takes up most of the working day every day every day of the week not leaving me time to do my main job. i am also the lowest paid person in the whole of (Edit) making £5.78 an hour please could someone out there help and give me some advice thank you.......

Edited by maroondevo52
Removed name

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i need some advice if anyone can help?????

i work for and have done for the past 4 years i work in a store that is full of women my problem is that they are trying to manage me out the buisiness saying i am not hitting my targets and have put me on an action plan i dont think this is fair or legal as i have to do all the hard work of moving all the suites ,tvs and everything else and the women do nothing but sell all the jobs that i have to do takes up most of the working day every day every day of the week not leaving me time to do my main job. i am also the lowest paid person in the whole of making £5.78 an hour please could someone out there help and give me some advice thank you.......

 

Hi, and welcome to CAG.

 

I have moved your post to a different forum where others may be able to help you better.

 

Cheers

Lefty

Edited by maroondevo52

If the left side of the brain controls your right, and the right side controls your left, then left-handed people are always in their right mind!

 

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Best take the employer name off the thread, if possible.

Edited by maroondevo52

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Agreed, Elpulpo. That was my first thought too. Unless the site team know something we don't.......

 

HB x

Edited by maroondevo52

Illegitimi non carborundum

 

 

 

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So - is the problem that you are not hitting targets or that you work with women?

Edited by maroondevo52

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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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yes cause the women dont do anything apart from sell there get to hit there targets but because i am always doing other things it is impossible for me to hit mine

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my typical day starts getting everything ready for that days deliverys then having to move evrything about and the intake of stock plus cleaning up plus an hour for my dinner that is the day gone.

this is the worst company i have ever worked for were women get the promotions before men ive gave 4 years to this company and got nothing in return i evan taken all the cousres to be a manager and i am still on sales .

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also hi lefty i heard your name in and about (name of company) you send the fear of god into them and also heard they wanted to employ you have you been approched by them...

Edited by elche
Company name removed to protect all concerned

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Stop saying ***********!

Edited by elpulpo
To protect the innocent

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Err How old are you istherehope, as you say you have worked their over 4 years, and it is the worse company you have ever worked for implying you have worked for a number of companies in the past. So i suspect your over 21 years of age, am i right? If so then what they are paying you (£5.78 thats if that is correct) is below national minimum wage.


Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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yes i am over 21 in fact i am 30 years old and ive done lots of jobs ranging from farming to security gaurd and this is the worst company i have ever worked for...

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yes i am over 21 in fact i am 30 years old and ive done lots of jobs ranging from farming to security gaurd and this is the worst company i have ever worked for...

 

In that case you should be getting paid the national minimum wage of £5.93 per hour. Since they are paying less than that, they are committing an offence. But best way of handling this is to put in a formal grievance, as you will be entitled to backdated pay all the way back to 1st october 2009, when the national minimum wage increased from £5.73 to £5.80 and hour. You can also add to that grievance that you are being given unfair sales targets due to the result of all your other jobs, meaning you get less shop floor time compared to the other employees at your branch. Send the grievance to your companies HR department or Head Office.

 

You may also want to contact the Pay and work helpline for some advice on the NMW on 0800 917 2368,

 

You may also report them to the HMRC who enforce the national minimum wage (though this should be a last resort only and used if they fail to comply request for to be paid NWM and be backdated till the 1/10/2009 only)

 

So for now get a grievance written out and sent in, then we can go from there.


Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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Call me cynical (many often do), but I find it hard to believe that a business of any considerable size (and we know that in this case the ER is a national) isn't aware of the NMW and, should they be inclined to comply, have systems in place to ensure that they comply.

Given how long the OP has been paid less than the NMW, any shortfall would amount to a very considerable amount of money. I'd anticipate that they might, were the OP to express a greivance about the underpay, start playing 'silly beggars', and seek to dismiss him in some underhand way.

There's no reason why he can't, as a first course of action, just refer the matter to HMRC and let them deal with it.

The pay and work helpline phone number you gave above is HMRC, as I understand it, Teaboy.

Even then, don't hold yer breath. In my experience, HMRC are sodding useless at enforcing things.

Sorry, being negative again.

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Are you having a bad day, Pulpo?

 

HB x


Illegitimi non carborundum

 

 

 

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Are you having a bad day, Pulpo?

 

HB x

No, business as usual.

Just saw 2 magpies, in fact.

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Shot one of 'em.

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Call me cynical (many often do), but I find it hard to believe that a business of any considerable size (and we know that in this case the ER is a national) isn't aware of the NMW and, should they be inclined to comply, have systems in place to ensure that they comply.

Given how long the OP has been paid less than the NMW, any shortfall would amount to a very considerable amount of money. I'd anticipate that they might, were the OP to express a greivance about the underpay, start playing 'silly beggars', and seek to dismiss him in some underhand way.

There's no reason why he can't, as a first course of action, just refer the matter to HMRC and let them deal with it.

The pay and work helpline phone number you gave above is HMRC, as I understand it, Teaboy.

Even then, don't hold yer breath. In my experience, HMRC are sodding useless at enforcing things.

Sorry, being negative again.

 

Yes it is, but you do not have to give any notice of your indentification, it is merely anonymous advice if your prefer not to give your name or company name. If they were to seek dismissal after raising a grevance about it, then they would be walking themselves into a whole load of trouble, as dismissing someone when such underlying circumstances of beng paid less than National minimum wage exist, would be unfair dismissal. So its better to bring it to the attention of the Head office via grievance, as it maywell be an error on their system that could be easily corrected. Getting HMRC involved, by reporting the company, would leave the Employee open to suspicion, especially if his pay is the only one that is below national minimum wage. Which would only serve to cause the company to turn on them more than what a formal in house grievance would.

 

The number i gave was the helpline number and complaints number, its there to help and advise people and not necessary just for reporting companies. Its up to the OP if they choose to report them or not. Either way the OP goes about this, there is just as equally as much chance they will try to dimiss the OP, but by doing so they will only make it worser for themselves.


Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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No, I don't agree, teaboy. As I said, this is a large organisation, and I don't beleive that non payment of NMW can go unnoticed to them for so long, even if the employee says nothing. And, this is BR*******SE remember, the devils own purveyor of household goods. Got their own forum on CAG, (so we need to be careful what we say:shock:).

If he submits a greivance and they fob him off, then what? He has to go to HMRC anyway. And he wouldn't be identified by RC. I think the ER is far more likely to tread carefully around someone with RC handling the matter.

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Without knowing what procedures they have in place for paying of wages it is a mute point of argument to be honest, they a large company with a lot of employees each being paid on regular basis so its more than possible for one person wage to not meet NMW to slip through the net at larger companies than it is at smaller companies. How do we know that the person issuing the wages is up to date on minimum wage laws or that its not all done by computer using Human inputted figures that the computer deems correct, or that computer is going to be aware of the law? we don't is the simple answer. Just because they are a large company, it doesn't mean an issue of failing to pay NMW would be noticed. Theres plenty of big companies out their that have fallen short on paying NMW unknowingly due to automated systems, hell even some have kept on paying employees for weeks after they have left employment despite being informed as such.

 

I wasn't saying he would be indentified by HMRC, only that if it was the case that the OP was the only person that was receiving less than NMW, the supsicion would likely fall upon him as being the person that contacted HMRC. The question you need to ask yourself elulpo is - If you were an employer, what would p**s you off more, HMRC investigating you and going through all your accounts or a letter of grievance from an employee quite rightly asking why he is being paid less than NMW? Being an employer myself i much prefer the grievance letter then having to go through HMRC investigation. Going straight to HMRC is heavyhanded and likely to make things worser for the employee if suspicions falls on him, where as putting in a grievance asking for what is rightly his is more likely to be accepted by the employer as a fair and reasonable course of action, and at the same time highlight what could very well be an unknown issue to them.

 

You say we have to carefull of what we say as a result of who this employer is - Well then isn't that statement alone agreement to deal with this matter subtly, rather then go in all guns blazing with HMRC.

 

Will he need to goto HMRC if they (the employer) fob him off - No, an Employment tribunal can also deal with NMW matters.

 

Sorry elpulpo, but am afraid am going to have to agree to disgree with you on this one, as neither of us are wrong, we just have a different view as how to progress and handle the issue. So its upto the OP to decide which course of acton their want to take.


Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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We need to agree to disagree here Teaboy. As you say, it's for the OP (who's probably gone off to MoneySavingExpert as we've been arguing:roll:) to decide.

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lol yeah the OP maybe has gone to moneysaving expert, but i doubt the advise would be any different there to what either of us have given here. Their probably arguing other it there too.


Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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also hi lefty i heard your name in and about (name of company) you send the fear of god into them and also heard they wanted to employ you have you been approched by them...

 

 

How do you know I'm not employed by them already? ;) ;)

 

Cheers

Lefty


If the left side of the brain controls your right, and the right side controls your left, then left-handed people are always in their right mind!

 

Please help to support this site with a small donation... every little helps...

 

CAG- The Nation's Weekly Info Store!

;)

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