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Non payment for extra hours worked

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  • Non payment for extra hours worked

    My friend works as a kitchen porter for a hotel. He has a contract of employment which states that it is a "3 month rolling contract and will be renewed automatically subject to satisfactory performance and health". His salary is £14500 p.a and his contract states that "your normal working hours are as required 5 days a week". His monthly wage slip refers to 39 hrs but there is no reference to 39hrs under hrs of work. His understanding of the agreement was that he would be paid for any extra hours worked over and above his "normal" contracted hours. On the basis of 39 hrs per week he would be working 39/5 days, which would be more or less 8hrs per day. He regularly exceeds 8hrs per day sometimes working 12 to 14 hrs per day as the business demands. He has kept a record of the hours he has worked every day. He has not at any time been paid for extra hours worked.

    I understand that a friend has written to his employer on his behalf to raise this issue with them without success. I dont know what details were in the communication.

    What is the best way to go about approaching the employer to resolve this. I cant see how my friend can prove that he has worked these extra hours as he is the only person who has kept a record ?

    Under the hours of work section in the contract the wording goes "we may need to change the length and pattern of your shifts,and your working hours for the week, to meet our business needs. Your same hourly rate of pay would apply to the new arrangements"

    Any help here would be much appreciated as I think my friend is being exploited. He lives on a caravan on the site provided by the employer and was paying £150 per month including gas and electricity, until recently when he received a note with his wage slip stating that this was to be increased to £250 per month due to the rise in gas and electricity prices ! I thought prices had just come down and at the time he received the note he had been without gas for two weeks, because the delivery guy was on holiday !
    Tags: None

  • #2
    Re: Non payment for extra hours worked

    if he works 50 hours a week x £14,500 pa that's about £5.57 per hour
    below min wage.

    and

    Accommodation provided by an employer can be taken into account when calculating the minimum wage.

    The offset rate for accommodation charges is £5.08 a day or £35.56 a week. If an employer charges more than this, the difference is taken off the worker’s pay which counts for the minimum wage.
    This means the higher the accommodation charge, the lower a worker’s pay when calculating minimum wage.


    https://www.gov.uk/national-minimum-wage-accommodation
    Don't let them grind you down

    Comment


    • #3
      Re: Non payment for extra hours worked

      Originally posted by vanman View Post
      if he works 50 hours a week x £14,500 pa that's about £5.57 per hour
      below min wage.

      and
      https://www.gov.uk/national-minimum-wage-accommodation
      Thanks vanman, I would think he works in excess of 60 hrs a week. I will check the link out.

      Comment

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