Help with low pay

[laura1511]

My partner has been in a job for 7 weeks at a letting agency. The post offered was on commission only, and the employer has not been topping this off to meet nmw. My partner had phoned the work rights helpline, and they confirmed that he is entitled to nmw, and to call them back after he had been working there for 1 month. That was a few weeks ago, and my partner keeps holding out as opportunities that look like possible income keep coming up.

It has been 7 weeks, and he has been paid £50, in cash. His employer has not given him a contract, payslip or any record that he works there as the employer "does not want to deal with the paperwork". The company is new, and it is only him and the owner working there (there was another but must have got fed up with no pay as she has left).

The owner had let out his flat, which my partner hoped he would get some money from (the commission is based on the company sales rather than individual sales), my partner had been helping to clean and redecorate the flat so that the owner did not have to pay professionals, but it does not look likely that he will see any money for his work.

The employer is running the business on his savings rather than a business loan, and hoping that he can find people that will work for free (or £50/7weeks!) until the company has a stable income.

My partner is hesitant about calling the work rights helpline, as he does not want his employer knowing he has called and wants to avoid a confrontation about the situation. He also doesn't want to get into any legal/court happenings either, and isn't sure how else the work rights helpline will help him.

I just want some advice on the situation; I'm a little bit annoyed his employer thinks this is an appropriate way to employ people. He has tried to bring up the situation regarding legal pay requirements, but his employer always dismisses it with "just wait it out, we'll get more properties and income soon".

[charitynjw]

Re: Help with low pay

Hi laura1511 & welcome to Legal Beagles.

Within 2 months of commencing employment, your partner, if an employee, should receive a written statement of employment particulars.

This should outline, amongst other things, details of the payment arrangement.

Attached is an example; the statement does not have to be in this format, as long as the information is given.

[teaboy2]

Re: Help with low pay

My advice is get out now. If this so call employer can not afford to pay your partner NMW per week, even via commissions, then its highly likely the business will fail as the employer clearly doesn't have the money to keep it going and is hanging on to your partner as a free worker in the hope business comes their way. Truth is, instead of going out and getting that business he has been at his flat decorating and getting your partner to help. That's not what he should be doing with his time if hes looking for customers, he should be out their promoting his business and what benefits his business could give to potential customers, in order to get the sales etc. that the commissions payments come from.

If am right and this employer doesn't have the finances to pay your partner, then chances are if your partner took action to reclaim said wages, that your partner wouldn't see a penny of what a court awards him. it be like a few pounds per month if that.

Now are you sure your partner has not been taken on on the basis he is self employed? As some commission based work in the real estate industry is self employed commission based, which would make your partner a contractor of the company not an employee. Though a contract would still be needed.

Also commission should be on individual sales not overall company sales, as whole point of commission based pay, is to reward the individual based on his/her own sales. basing it on company sales is unfair, as it gives those that contribute less a reward they earnt by those that contributed more.

[wales01man]

Re: Help with low pay

Have to agree time to get out seems theres no money there and someone appears to be using him as a dogsbody are letting agents meant to be insured registered or something?

[teaboy2]

Re: Help with low pay

Have to agree time to get out seems theres no money there and someone appears to be using him as a dogsbody are letting agents meant to be insured registered or something?

I believe they do have to be registered and insured, though Real Estate law/regulations is not my area so don't qoute me on that.

[teaboy2]

Re: Help with low pay

Any update on this Laura?

[CleverClogs]

Re: Help with low pay

Is the so-called employer a Mr Nolan?

[laura1511]

Re: Help with low pay

Any update on this Laura?

Hi all, thanks for responses and help given.
He quit yesterday and is now looking for new work. It's just a bit upsetting as we have both just graduated and relocated for him to take this job. He may have to go on jsa but isn't sure if he'd be allowed to because he left his job voluntarily - not that there's any proof that he had this job though...

I have no idea if the company is insured, but I would assume not as my partner has told me the company is not registered, but they are trading standards approved I believe.

[teaboy2]

Re: Help with low pay

Hi all, thanks for responses and help given.
He quit yesterday and is now looking for new work. It's just a bit upsetting as we have both just graduated and relocated for him to take this job. He may have to go on jsa but isn't sure if he'd be allowed to because he left his job voluntarily - not that there's any proof that he had this job though...

I have no idea if the company is insured, but I would assume not as my partner has told me the company is not registered, but they are trading standards approved I believe.

He simply needs to inform JSA that he left as his pay did not meet NMW - That will be deemed a satisfactory reaosn though they may ask more details so it best he tell them everything when he first applies for JSA.