Can being paid under national minimum wage get found out.

[Loughton wannabe]

Hi,

 

If the employee doesn't want to report? They've tried justifying it to themselves, eg. clean workplace, latest technology to use, got an immediate start, it not being a work from home situation, least it's not zero-hours, and even going back in time to when they were on the same money roughly in 2018 in attempts to brain wash themselves! 

 

Was having a look and come by an article of some 191 employers last year not paying minimum wage who were named and shamed, (some of the big name companies I was a little shocked to see and get it can be genuine accidents) but wondered if that's all purely down to a case of the employee having to report?

 

Many thanks

[honeybee13]

There's a way to report companies in the UK. This is from ACAS.

 

If an employer does not pay minimum wage | Acas

WWW.ACAS.ORG.UK

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Workplace experts providing free impartial information and advice to Small Businesses, Employers, and Employees.

 

HB

[The GodMother]

To answer your question No. 

 

If the accountant or a employee dont notice it then nothing can be done. NMW is the law on what has to be paid. 

 

[Loughton wannabe]

Thanks, I was just curious I don't think there is much I can do apart from accept or walk away. It is just strange when they posted a part time job the hourly rate was £9.50 but with the adamant salary quoted for full-time is working out £9.36 which I guess it a bit better than last years rate of £8.91.

[The GodMother]

There arr dofferent rates for different ages none of them mention £9.36 tho. 

 

Are the company also based in the usa as the adamant salary isvused there instead of average salary. 

[Ethel Street]

2 hours ago, Loughton wannabe said:

Thanks, I was just curious I don't think there is much I can do apart from accept or walk away. It is just strange when they posted a part time job the hourly rate was £9.50 but with the adamant salary quoted for full-time is working out £9.36 which I guess it a bit better than last years rate of £8.91.

NMW last year (2021-22) for over 23s was £8.91 ph and from 1 April 2022-23 inceased to £9.50 ph. So what the job was advertised at complied with NMW last year and this year.

 

I don't understand what you mean by "the adamant salary quoted for full-time is working out £9.36".

 

But either it is or isn't below NMW. If it isn't no-one from government comes round to check. Enforcement relies on employees reporting NMW breachers to HMRC &/or bringing an Emplyment Tribunal claim.

 

 

[Loughton wannabe]

Thanks all again, I guess I just need them to reconfirm the hours and possibly hope someone has got the salary end part round the wrong way, now I have found a recent past job posting albeit for part time advised at the right rate.

 

They have advised the role is £18,250 for 40 hours.  We eat on the go for lunch.

 

If I take of half hours unpaid break daily making 37.5hrs then I get to £9.36 best case.

 

On one of those salary to hourly convertor calculators it matches £9.50/£18,250 for 36.94 hours per week.

 

[Ethel Street]

All you can do at this stage is ask them to clarify how your pay complies with NMW and the rate in the original job ad.

[90CXS]

3 hours ago, Loughton wannabe said:

 

They have advised the role is £18,250 for 40 hours.  We eat on the go for lunch.

 

If I take of half hours unpaid break daily making 37.5hrs then I get to £9.36 best case.

 

 

 

 

if it is 18.25k/52 weeks =£350.96 pw.

/40= £8.77, /37.5= £9.36

 

If you eat on the go then it is 40 hours.

If you take unpaid 30 mins as you are legally entitled to for shifts over 6 hours then it is 37.5 hours if a 5 day week.

 

Either way of you are over 23 then it is below the min wage. you will get back the difference in any hours that you have worked since it came into effect. 

 

May be worth notifying them first as if it is a small company they may have just not realised.

 

If you are stipulated to wear a certain type of clothes or buy anything that is needed for work then then this is also classed as a work expense and will put you under min wage - ask Ms Selfridges and several companies that don't provide uniforms but stipulate what you wear.

 

 

[Loughton wannabe]

Hi all,

 

Thanks for your help.  (not sure whether this was some test of the previously unemployed! or the company thought I was more a junior)

 

I've had good news, I was told today, after technically my first week having done well, I've a pay rise to £19,760 

[Ethel Street]

8% pay rise after one week - great news! Problem solved.

 

 

[The GodMother]

Nice. Dont tell everyone as they will all want a payrise. 

[90CXS]

Well done you! Love a happy ending, hope you enjoy and do well at the job.