is my friends boss doing him over?

[Ftgab19]

Hi all again, sorry if I've put this in the wrong place but not sure where it would go.

 

My sister's partner has been working at [removed] for about 5 years now, and he's brought to my attention that he believes he's not being payed for the hours he is working.

 

Now he starts work at 8am and only finishes when "the job is done" which is normally half 5 to 6pm.

 

He gets weekly payslips and he's latest pay slip (21/11/14) says:

 

TAXABLE PAY: 260.85

NON-TAXABLE: PAY 0.00

TOTAL PAY: 260.85

INCOME TAX: 13.60

NATIONAL INSURANCE: 12.94

NET PAY: 234.31

TAX CODE: 1000L

 

Now in the hours column it doesn't have any hours in it at all. Surly the company has to put the hours he works.

 

As always any advice is much appreciated.

 

Thanks

Andrew

Edited November 21, 2014 by honeybee13
Employer details removed

[renegadeimp]

He MUST be paid for ALL hours that he works. regardless if it is in the contract or not. So 8-5 with a 1 hour break is 8 hours.

 

8 hours at min wage is £6.50 x8 =

£52 a day. Now if he works 5 days a week then it is £260

 

If he works the extra hour or is paid for his break, its obviously more. Also, that is for absolute minimum wage. The employer might pay him more.

 

Also: https://www.gov.uk/payslips Note the first sentence.

[honeybee13]

Hello there.

 

I'll move you to the employment forum, where the guys should be able to help you. I'll leave a short term redirect for you to follow from the forum where you just posted.

 

The forum guys should be along later, they may have some more questions.

 

HB

[Ftgab19]

Hi renegadeimp thanks for the quick reply,

 

He works 6 days a week:

 

8-5:30 Monday to Friday

8-1:30 Saturday

 

The only break he gets is a 10min at dinner (between 12pm and 2pm) and sometimes not one at all.

 

This is why I thought I should ask about it, what should he do?

 

Thanks

Andrew

[renegadeimp]

Ok. So in that case, he isnt getting paid what he is rightfully owed. Sit tight and the more experienced people will be able to advise asap.

 

He also needs to think about the breaks that he is LEGALLY entitled to. It sounds to me as if the employer is pulling a fast one.

[becky2585]

It does sound as though there has been an underpayment here. Best thing to do is to raise a grievance asserting his statutory right to receive at least the minimum wage and the minimum rest break under the Working Time Regulations of 20 minutes.

[Ftgab19]

Hi becky2585 thanks for your reply,

 

I thought there was a underpayment or something going on. How would I go about grievance asserting? He said he wanted to say something but got the fib he'd probably be fired if he did.

 

Thanks

Andrew

 

It does sound as though there has been an underpayment here. Best thing to do is to raise a grievance asserting his statutory right to receive at least the minimum wage and the minimum rest break under the Working Time Regulations of 20 minutes.

[renegadeimp]

He cannot be fired for asserting his statutory rights. The employer would be in a world of trouble if they did fire him over it.

[Ftgab19]

Good to know renegadeimp thanks,

 

So what does he do now?

 

I'm guess proof is going to be needed? he has a lot of payslips, and will probably be able to have witnesses to the fact he has so little breaks.

[Emmzzi]

Well, he CAN be fired, and then he can go to court. He can't be fired legally.

 

There is a difference, and what he does will depend on his need for the job and his attitude to risk, and his assessment of how dreadful the employer is.