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The more people ask me about their employment concerns the more amazed I become at the basic wrongs that appear in contracts.
A young lady who Ula and I assisted recently, obtained new part time employment (4 days pw 2.5 hours pd)
She asked me to look over her contract.
After stating the hours of work there was another paragraph
:"Staff are expected to be present at the cylch 20 minutes before/ or after the session to ensure the correct arrangements are in place"
I've advised her as follows:
As an hourly paid worker you should be paid the agreed contractual rate for every hour you are required to work. 'Work' includes time spent at the employer's premises and at the employer's disposal, even when you haven’t started on your tasks yet because you are getting ready for your working day.
If your employer expects you to be on the premises everyday 20 minutes early, this is likely to be working time for which you should be paid. Not paying you may be an unlawful deduction of wages
If failing to pay you for the extra 20 minutes means that your average basic hourly pay during your ‘pay reference period’ falls below the national Minimum Wage your employer may also breach minimum wage laws. Your pay reference period is based on the pay arrangements where you work. It will be a day if you are paid daily, a week if you are paid weekly and a month if you are paid monthly.
I would just point it out to them gently, as you currently have no protection in the way of job security
Are the employers being devious or just culpably ignorant?
A young lady who Ula and I assisted recently, obtained new part time employment (4 days pw 2.5 hours pd)
She asked me to look over her contract.
After stating the hours of work there was another paragraph
:"Staff are expected to be present at the cylch 20 minutes before/ or after the session to ensure the correct arrangements are in place"
I've advised her as follows:
As an hourly paid worker you should be paid the agreed contractual rate for every hour you are required to work. 'Work' includes time spent at the employer's premises and at the employer's disposal, even when you haven’t started on your tasks yet because you are getting ready for your working day.
If your employer expects you to be on the premises everyday 20 minutes early, this is likely to be working time for which you should be paid. Not paying you may be an unlawful deduction of wages
If failing to pay you for the extra 20 minutes means that your average basic hourly pay during your ‘pay reference period’ falls below the national Minimum Wage your employer may also breach minimum wage laws. Your pay reference period is based on the pay arrangements where you work. It will be a day if you are paid daily, a week if you are paid weekly and a month if you are paid monthly.
I would just point it out to them gently, as you currently have no protection in the way of job security
Are the employers being devious or just culpably ignorant?
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