Wages

[Haven]

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/

[freerunner]

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.

[Haven]

Re: Wages

Many thanks for your response.

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

[CleverClogs]

Re: Wages

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.

[Haven]

Re: Wages

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

[Amethyst]

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 ?

[Streety]

Re: Wages

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

[Haven]

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.

[charitynjw]

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

[CleverClogs]

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.

Who - if anyone - paid your NI contributions?

[Haven]

Re: Wages

I didnt earn enough to pay NI

[teaboy2]

Re: Wages

I take it you were working part time then and earning less them £139 a week?

[Haven]

Re: Wages

That is correct.

[SpringerSpaniel]

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.

[Haven]

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.