Martin McColl minimum wage problems

[Viking_Raider]

Hi all - been a long time since I've posted on here - yet another friend that's asked for advice from me, so I thought that I'd better check with you guys.

 

I have a friend that's been unemployed for some time and, finally, managed to get a supervisors job at a Martin's newsagents. Whilst discussing the job with him it became apparent that the company seems to breaking a whole raft of employment laws.

 

He gets paid £6.40 per hour (he's over 21, so that is, theoretically, 20p more than the minimum wage). Several times per week he has to work from open (6:00am) to close (7:00pm) for which he gets paid for 12 hours (13 hours less two 15 minutes breaks and one 30 minute break) - all fine so far.

 

Now come the problems.

 

In order for the papers/magazines to be ready for the customers, he has been told that he must arrive 30 minutes before opening time - and, once the shop is shut, he has to bundle up the unsold papers to return them to the distributer and cash up the tills etc - which is another 30 minutes. He doesn't get paid for this time - despite being told that he has to do this extra work.

 

Additionally he is on his own for much of the day - so that he invariably doesn't get either a lunch break or an afternoon break - so, on a normal day, he works for 13 hours and 45 minutes and gets paid for 12 hours 12 times £6.40 is £76.80 - £76.80 divided by 13.75 is £5.59 per hour - so, it seems to me, that they're breaking the minimum wage rule as well as breaking employment laws about allowing for breaks.

 

The other problem that I can see is that, because of the later finish time and earlier start time that Martin's insists on, he only has 10 hours away from the job - and I thought that the minimum time between shifts was 11 hours.

 

So, firstly, am I correct about all of this? and, secondly, (assuming that I am correct) who do I "dob them in to"? He won't do it himself (he wants a job) - but, personally, I think that it's disgusting that a national company can behave like this.

[steampowered]

I agree. It is not acceptable for a national company to not be paying the minimum wage.

 

He can call the Pay and Rights at Work Helpline - https://www.gov.uk/national-minimum-wage/worker-disputes-over-minimum-wage.

[Grotesque]

UK Working Time Regulations

[Viking_Raider]

I agree. It is not acceptable for a national company to not be paying the minimum wage.

 

He can call the Pay and Rights at Work Helpline - https://www.gov.uk/national-minimum-wage/worker-disputes-over-minimum-wage.

 

It'll be me - he just wants the job. He's happy for me to do it though. This is the reason that they get away with this stuff - it makes me fume.

[Grotesque]

I agree. It is not acceptable for a national company to not be paying the minimum wage.[/url].

 

...but unfortunately rather less than unusual, eh...?

[BlueyesTS]

We have concerns re McColl's. They locked my teenage daughter in the store and told her she could not leave for security reasons and insurance purpose.

 

Her manager dismissed her concerns about her personal safety noting that she was always cutting it fine to get her bus home. If she misses her bus home she has to walk home in the dark, along country roads with no lights.

 

My daughter tried to complain but her manager dismissed her and when she tried to contact the Area Manager he to dismissed her concerns. My daughter appointed me as her Advocate. I am a 12 year veteran at Advocacy and they refuse her appointment.

 

She persisted and after a long paperwork trail McColl's, in house council got in touch.

 

She has not been paid for the extra time she has worked and her line manager is now telling in house council that my daughter is making it up.

 

We would be interested in other people's stories and who have had similar problems. Please post your experiences on the forum.

Edited September 4, 2013 by ims21

[Grotesque]

No offence, but it doesn't sound like you actually need any advice from CAGgers here...? Just looking to hold your own Poll? That may or may not be allowed; either way you should start a new thread. Cheers.

 

PS: If you need advice on any of the issues you raise (e.g., security, duty of care, the fact that employees are not entitled to Solicitors at internal procedures, possible unlawful deduction of wages, etc) then stick around; although far more (anonymous) background and context would have to be provided, obviously.

 

PS: Subject to certain criteria (length of service, T&C's, for instance) her recourse would seem to be an Employment Tribunal, if she has been dismissed from Employment (or did the manager just 'dismiss' her claim?).

Edited September 4, 2013 by Grotesque

[ims21]

post #6 has been edited to conform with site rules.