can they do this???

[chezwicks]

Hi...any help would be appreciated.

 

My daughter works part time and on interview she was told she would get £6.31 per hour. She was offered the job and was paid £6.31 per hour for 6 weeks then was told her rate was dropping to £5.03 per hour because she was not 21. She was 20 when interviewed and offered the job and they knew this.

 

When she hit 21.... the following week her wage was paid at £5.03per hour and was told it was because it was the previous weeks hours. The following week she was again paid at £5.03 per hour and was told the accountant was holding her money back because she was paid wrong previously.

 

Now they are messing her about texting her saying they dont need her in because they are quiet.... therefore she is losing money!!!

 

1.... can they just drop her money when they told her originally what.she would get?

 

2...... can they "Hold her money back" when she is by law entitled to the nmw?

 

3.... if she left... would she be within her right to request the hourly difference to be repaid from the week they held her money back?

 

Any advice appreciated

 

Thank you

[BankFodder]

Yes, she is entitled to receive the agreed wage - even if that is more than the minimum for her age. If she is not bothered about losing the job then she should go ahead and claim.

 

However, has she got written evidence that they agreed £6.31 and that they knew her correct age? If she has then she should write a short letter setting out

 

That they agreed £6.31

That they knew her age

That they have attempted to renege on the agreement

That if they do not pay her the money she is entitled to within 14 days that she will sue.

 

She should not make this threat if she is unwilling to carry it out.

 

A County Court claim is very easy. Once she issues the papers, the company will bottle it and pay her the money - in all likelihood.

Starting a county court claim will be interesting and will empower her for any future problems.

 

Be aware that they will try to say that they agreed to pay minimum wage. You should check to see that there was nothing which said - "you will be paid £XXX which is the minimum wage for your age".

[chezwicks]

Hi, to be honest, she has a trial for another job tomorrow and should be told at the end of the trial if she has got the job. I have done a letter ready for her, so if she gets the job, the letter will go straight in. I just wanted to make sure I had the right information so my letter doesn't jump back and slap us lol. Could I upload the letter onto here for you to look at before sending it?

[becky2585]

There are plenty of people here who would be happy to read such a letter for you

 

Hopefully she will get the new job. I wouldn't issue court proceedings though - it's only about £50! I would try and amicably get the money back if at all possible. Unless she had a written agreement to the higher rate, in which case it could be worth more.

[chezwicks]

Below is copy of the letter.... it hasn't been handed in yet so any advisable changes would be appreciated (I have removed names, as you never know if the people are on this site lol )

 

Dear A**** / V****

 

 

It is with regret that I write this letter to tender my resignation and inform you I will not be returning due to the reasons outlined below, because I feel I have been messed about since starting with S****** **** in October 2013.

 

1 When I was first offered the job by G****** I was told that if I wasn’t full time, I would have a minimum of 30 hours a week, but you only gave 12 hours a week. I actually left another job with more than 12 hours a week because I wanted more hours. I emailed G***** regarding this but never received a response!

 

2 When I was interviewed, G****** was fully aware of my age (20) and I was told my hourly rate would be £6.31 per hour. I was paid this amount for approximately 6 weeks then was told my wage would be reduced to £5.03 per hour because I was not 21. I was therefore losing money each week and felt this was extremely unfair because my age was known at the time of the interview/job offer. Again I emailed G***** and never received a response!

 

3 When my 21st birthday on 15th December came, I mentioned it in the shop and was told my wage would go back up to £6.31. When I was paid on 20th December, I was paid at the rate of £5.03 per hour apparently because it was the previous weeks’ hours. (surely I should have been paid the £6.31 per hour)

 

4 When I was paid on 27th December I was again paid at the rate of £5.03 an hour because the Accountant said he was holding my money back because I was overpaid previously. This in my opinion was totally unfair because it was not my fault I was told an hourly rate of £6.31 at interview and job offer stage. Therefore I do not see why I

was penalised like this!

 

5 I texted A***** on 30th December asking if I would get paid for Christmas Day and Boxing Day and she replied stating I would not. I really thought I would get paid because they are public holidays. I texted A*****back saying I had accrued holiday since starting and could I use this for Christmas and Boxing day otherwise I would be

extremely short in the following weeks pay. A**** informed me that G***** had stated I had accrued 24 hours holiday so I requested she use 4 hours for Christmas Day, 4 hours for Boxing Day and 4 hours for New Years Day, she confirmed this would be done but not until the following week because it was too late to put it through.

 

6 I was due to work 12 - 4 (my official hours) on Wednesday 8th January but received a text asking me to go in at 2pm instead. I worked 2 - 5.30 and on leaving was told I may not be required to work the following day and they would text me to let me know.

Later that evening I receive a text stating I did not need to go in because “it was quiet”….. I responded asking if they would use another 4 hours out of my holiday accrual because otherwise I would be short in my wages once again…. (through no fault of my own I hasten to add). A**** texted back stating this was ok to use the 4

hours holiday.

 

7 I again received a text on Thursday evening telling me yet again not to go into work the following day because yet again I was not required! I cannot understand how anyone can judge whether they will be quiet or not the following day? I texted A***** back asking

for G******** number because he is the Manager. I texted G**** airing my concerns and that I wished to know where I stood regarding my job because I have commitments. I received a text back stating “he would pass my concerns to A*** and V**** because they operate the N********* Store” I honestly feel that as a Manager, G***** could have assisted more than this.

 

On several occasions since issues started, I have also emailed Management directly and never received a response, therefore I do not feel I have been helped to resolve any of these issues at all.

 

I would therefore request that the hours worked this week, which are 3.½ for Wednesday and 4 hours holiday as mentioned to A***, the 8 hours holiday accrual still remaining and the 25 hours @ £1.28 per hour (£32) where payment was held back by the Accountant on my payment on 27th December, are ready in the shop for me to collect on Friday 17th January 2014

 

I would like to take this opportunity to say I have actually enjoyed my time working in the ****** branch and if it was not for these issues, I would not be handing in my resignation.

 

Yours sincerely

[chezwicks]

sorry for the long post

[renegadeimp]

If it was me I would seperate that letter into a simple resignation letter and a complaint letter

[chezwicks]

really? I thought it would be fine to be fair as it has outlined the reasons for the resignation (if she gets this other job of course)

 

Plus, wouldn't know who to send the complaint to because no-one ever responds :/

Edited January 10, 2014 by chezwicks

[ericsbrother]

No, separate the two as suggested.