NMW increase - employer not paying from effective date

[infojunkie]

I have been scouring the net looking for info on this issue but i literally cant find anything so hope someone can help!

 

The NMW increase to 6.70 on 1st Oct is not being paid by my employer untill November, it seems wrong to me.

 

So I asked for an explanation from them last year and the reason i got was ' we are midway through a payment cycle and it cant be changed' I wasnt happy but i did let it slide, however the same thing is happening this year and Im not letting it slide again.

 

To clarify, the effective date is 1 Oct, i get paid 4 weekly, i am due to get paid tomorow (26th) and the cut off date was 18th October, so should I receive the increase for shifts done between the 1st and the 18th? Is this a legal requirement or a guide for employers?

 

Hey i know its not a great deal of money but its not a small company (500 employees) and if they have pocketed a few quid from each and everyone of us it sharp mounts up! It irks me to get shafted especially when they themselves are penny pinchers.

 

Thanks in advance.

[obiter dictum]

http://www.legislation.gov.uk/ukpga/1996/18/section/13

 

As they NMW is Statutory, they have no excuse

 

You neeed to put in a formal written grievance

[infojunkie]

Ahhh right thankyou Obiter, it says on the gov.uk website that the HMRC can issue the employer with an NOu (notice of underpayment) but i dont know if it will apply in this case or how to get the ball rolling as they will be paying the increased rate from November. It also says you can go back 6 or 7 years to recoup monies of nonpayment so it will be a tidy amount to each worker they have shafted if we can get it back.

[SabreSheep]

Would be handy if you were union members as this would be something they could take on for you

[infojunkie]

No, not in a union unfortunately Sabresheep, probablies should be! Been in to work today and nobody wants to be named on a greivance, so looks like they will get away with it.

 

To add insult to injury, we have also just found out that we are not getting time and a half for working a 12 hour shift on boxing day as its not the actual bank holiday as it has been moved to the Monday the 28th due to it falling on a Saturday. Alot of people in on the boxing day are not in on the Monday so its a bit hard to swallow tbh, any thoughts on this.

[obiter dictum]

Sorry to be blunt but you either need to join a trade union to be your mouth piece, or

all of you need to grow some Gonads and say enough is enough or they will continue to abuse you

[Sidewinder]

To add insult to injury, we have also just found out that we are not getting time and a half for working a 12 hour shift on boxing day as its not the actual bank holiday as it has been moved to the Monday the 28th due to it falling on a Saturday. Alot of people in on the boxing day are not in on the Monday so its a bit hard to swallow tbh, any thoughts on this.

 

Not much you can do unfortunately - this always happens when a Bank Holiday moves to a substitute day as it does this year. There is no automatic right to extra pay unless this is indicated in your contract, and I daresay that this says that any premium is paid for Bank Holiday work only, if at all. As 26th December is not a BH then if your normal rota is to work on that day, then the employer wins - this year.

[Guest topcat14]

Just thought I would give an employers point of view

 

If you have a look at acas.org.uk/nmw

 

The crucial part is the actual pay reference period and does it begin BEFORE 1st October, if it does your employer does not have to pay the new rates until the first full pay reference period AFTER 1st Oct.

 

I personally would check what hours that are being paid for as, if you are being paid on 26th Oct that is not 4 weeks unless you are being paid in advance of work done ?

[Guest topcat14]

Re : Notice of Underpayment

 

This would only be issued after a HMRC investigation and satisfaction that there has been an underpayment. It is not something that can be done by an employee.

[steampowered]

Of course, as the minimum wage increased on 1 October it is not legal for an employer to say they won't comply until November.

 

If you are not getting paid the minimum wage for October you should report this employer to HMRC. HMRC are currently running a campaign to investigate non-payment of the minimum wage and make sure it is paid.

[Guest topcat14]

With respect to a site team member steampowered, but can I suggest you read the link I posted to ACAS website.

 

The OP has obviously been paid for a pay reference period that begins before 1st October and as such the 4 week pay period ended on 18th October, hence he will not get his NMW increase until pay reference period for his pay day in November.

Edited October 28, 2015 by topcat14
Spelling !!

[steampowered]

With respect to a site team member steampowered, but can I suggest you read the link I posted to ACAS website.

 

The OP has obviously been paid for a pay reference period that begins before 1st October and as such the 4 week pay period ended on 18th October, hence he will not get his NMW increase until pay reference period for his pay day in November.

 

Fair enough.