When does she get paid from?

[acerbic]

My daughter has just finished being a frightnight actor at an attraction. She was asked by the boss to be at work for 8.30am every day, for make up but was told that she wouldn't paid until the place opened at 10.00am. She was told that she had a two hour unpaid break in the afternoon from 4.30pm to 6.30pm. BUT she was expected to be in make-up getting ready during this two hours break.

Question is, is right that she doesn't get paid for those hours even though they form and integral part of the working day? If he's asked that she be there early, does he have to pay her if he's requested her presence?

 

All thoughts gratefully received.

[renegadeimp]

The employer is wrong. SHe gets paid from the time she is there. so 8.30 till the time she finishes. If she is unpaid, then the employer cannot expect her to be getting ready for work ( be in makeup) during that time.

 

Sadly, this seems to be the norm at some attractions, as they can be very shady employers.

[acerbic]

Hmm. She is only 16 too. I know there are certain laws surrounding her age and breaks. I wonder if it's worth approaching the boss and see what he says. Most of the time she was there from 8.30am to 10.30pm, a 14 hour day. But she'll only get paid from 10.00am to 4.30pm then 6.30pm to 10.30pm. Doesn't sound fair to me.

[renegadeimp]

SHe should have been paid from 8.30 4.30 then 6.30-10pm. Even then, because she's 16, im still not sure theyre even allowed to do that long a shift.

[renegadeimp]

16 and 17 year olds can’t normally work more than 8 hours a day or 40 hours a week.

 

The hours can’t be averaged out for 16 and 17 year olds. There is also no opt-out which means that they can’t work longer hours even if they want to.

https://www.gov.uk/maximum-weekly-working-hours/weekly-maximum-working-hours-and-opting-out

[becky2585]

Young workers are not permitted to work as many hours as over 18s and there is a requirement for longer breaks. They cannot work over 8 hours per day, and there is no option to opt out at 16 years old.

 

If she is working from 08:30 to 22:30, that's unlawful, even with the breaks factored in. It may even be a criminal offence for her employer to flout the regulations in that way.

 

She should also be paid for all time working. Does she have a contract?

[renegadeimp]

Is this attraction a national attraction? Or one that has sprung up just for one off events like this?

[steampowered]

If she was effectively required to work during her breaks, and is only getting paid minimum wage or just above, there may also be a breach of minimum wage regulations.

 

I'd think calculating how much she should have been paid with a letter to the boss requesting that would be in order.

[acerbic]

Many thanks to all. We have waited until she had been paid to know how many hours she has been paid for. As I suspected, the hours are well short of the hours she actually worked. Most of the other parents of the young children feel the same way, but I'm not doing it for them just my daughter. It was a one off event, but was well publicised locally.

I need to know what to do next in order to get the money owed to my daughter with the minimal fuss. Do I send a letter before action? What am I claiming for, what contract has he breached? I do realise that he may have broken the law regarding employing young people but having him prosecuted is not my concern, indeed he'd have even less money to pay up if he got prosecuted. We are only talking about £100 or so, but to me it's the principle, she worked really hard there, came home shattered every night and I feel she deserves the money owed to her.

[foodandbeverage]

...but I'm not doing it for them just my daughter...

 

You should all get together

[steampowered]

Yes, if you want to pursue this you would need to write a 'letter before action'. This should ideally come from your daughter and explain that she is legally entitled to be paid during time she was working or required to be available for work. You will also need to state what you will do if the amount is not paid (i.e. bring county court proceedings if no response in 14 days).

 

If this brings her below the minimum wage for her age you can mention that too.