• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.
  • If you need direct help with your employment issue you can contact us at admin@legalbeaglesgroup.com for further assistance. This will give you access to “off-forum” support on a one-to- one basis from an experienced employment law expert for which we would welcome that you make a donation to help towards their time spent assisting on your matter. You can do this by clicking on the donate button in the box below.

Wages

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Wages

    Afternoon, hoping some kind person could offer me some advice.

    Was employed by my previous employers for over 6 years as a domestic cleaner i have recently left. When i was first employed my pay was commision based around 23% of what each customer paid, after a few months i was promoted to team captain and my commision rose to 25%. Commision pay was then changed to hourly rate of minium wage +25p per hour for myself as team captain. Previously to hourly rate we where also paid an fortnightly bonus of £20 for no sickness we where told this would be incorperated into our hourly rate.

    In 2007/2008 many of us where given the option to take NVQ training, which i did and was told this was mean an extra 45p an hour. So at the minimum i should have been paid an hourly rate of minimum wage +70p. Our wage slips do not state any hourly rate or how many hours work, despite us asking for this on varies occasions.

    I asked last year when the minimum wage went up if i would be gertting a pay rise but was told because i was being paid above minimum wage i wasnt entitled to a pay rise.

    My question is, can i claim back all these underpayemtns including incorrect paid holiday and if so how do i go about it, thanks for reading/
    Tags: None

  • #2
    Re: Wages

    You would need to collate all the information into say a spreadsheet, detailing what shortfalls there have been.
    Write to the employer asking for this to be rectified and allow 14 days, this is a preliminary request.
    If you dont get a satisfactory response you issue the same but titled LETTER BEFORE ACTION. Allow another 14 days.
    If your still not happy you can then issue a claim through the county court.
    It gets a little more complicated at court stage but is nonetheless achievable.

    If that is what you want to do, you must be prepared to go all the way to court if you have to.

    Comment


    • #3
      Re: Wages

      Many thanks for your response.

      Is there a limit to how far back i can claim?

      Comment


      • #4
        Re: Wages

        Originally posted by Haven View Post
        Many thanks for your response.

        Is there a limit to how far back i can claim?
        Six years, unless the cause of action had been concealed by fraud, false accounting or sheer pigheadedness.

        Comment


        • #5
          Re: Wages

          Thanks for your advice, think i need to go find a solicitor and find out how to proceed with this.

          Comment


          • #6
            Re: Wages

            Have you calculated what your average hourly pay was over each pay period (eg weekly or monthly) under the original commission system ? Did that conform to the National Minimum Wage, and how does that compare to your new hourly rate ?
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • #7
              Re: Wages

              I think you would need a written contract stating all the pay changes.

              Comment


              • #8
                Re: Wages

                All that im aware of is that due to extra responsibilities and qualifications i should have been paid 70p above minimum wage, but each time the minimum wage has increased my wages have not. So in five years i have not had one pay increase while all those on minimum wage have.
                I shall be asking for copies of all my pay slips, all paper working pertaining to my role as team captain, all paperwork pertaining to NVQ training and hopefully have something in writing.

                Its very difficult to figure out anything regarding my pay and if it was correct or incorrect as we have never been given waqe slips that break any of our income down, such as hours worked or our rate of pay which has caused problems in the past for they refused point blank to do anything to change it so problems persisted.

                Comment


                • #9
                  Re: Wages

                  Some more info

                  http://www.direct.gov.uk/en/Employme...ns/DG_10027521

                  http://www.direct.gov.uk/en/Employme...ay/DG_10027228

                  http://www.direct.gov.uk/en/Employme...us/DG_10027916
                  CAVEAT LECTOR

                  This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                  You and I do not see things as they are. We see things as we are.
                  Cohen, Herb


                  There is danger when a man throws his tongue into high gear before he
                  gets his brain a-going.
                  Phelps, C. C.


                  "They couldn't hit an elephant at this distance!"
                  The last words of John Sedgwick

                  Comment


                  • #10
                    Re: Wages

                    Originally posted by Haven View Post
                    All that im aware of is that due to extra responsibilities and qualifications i should have been paid 70p above minimum wage, but each time the minimum wage has increased my wages have not. So in five years i have not had one pay increase while all those on minimum wage have.
                    I shall be asking for copies of all my pay slips, all paper working pertaining to my role as team captain, all paperwork pertaining to NVQ training and hopefully have something in writing.

                    Its very difficult to figure out anything regarding my pay and if it was correct or incorrect as we have never been given waqe slips that break any of our income down, such as hours worked or our rate of pay which has caused problems in the past for they refused point blank to do anything to change it so problems persisted.
                    Who - if anyone - paid your NI contributions?

                    Comment


                    • #11
                      Re: Wages

                      I didnt earn enough to pay NI

                      Comment


                      • #12
                        Re: Wages

                        I take it you were working part time then and earning less them £139 a week?
                        Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

                        By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

                        If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

                        I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

                        The Governess; 6th March 2012 GRRRRRR

                        Comment


                        • #13
                          Re: Wages

                          That is correct.

                          Comment


                          • #14
                            Re: Wages

                            You can make a claim in the employment tribunal for unlawful deduction of wages - but there is a 3 month time limit for this.

                            Otherwise you have to bring a claim for breach of contract in the county court, for whihc the time limite available is 6 yrs, as per other posts.

                            Comment


                            • #15
                              Re: Wages

                              Thank you for your reply.

                              I have spoken to ACAS and have written a letter asking for varies documents including wage slips and hours worked from start of employment. I will then work out what im owed and send them another letter with how much i believe they owe me. I have given them 14 days to respond before i need to contact ACAS again for the next plan of action.

                              Comment

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                              Announcement

                              Collapse

                              Welcome to LegalBeagles


                              Donate with PayPal button

                              LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                              See more
                              See less

                              Court Claim ?

                              Guides and Letters
                              Loading...



                              Search and Compare fixed fee legal services and find a solicitor near you.

                              Find a Law Firm


                              Working...
                              X