Do I have any rights regarding minimum wage

[Mary Connell]

I'm a domiciliary care worker. I've worked for a company for eight months. Do I have any rights regarding minimum wage - working more than contracted hours and no travelling time?

Many thanks

[PAWS]

Re: Do I have any rights regarding minimum wage

Just giving this a bump for you
Px

[MIKE770]

Re: Do I have any rights regarding minimum wage

[MENTION=141]enaid[/MENTION]

[Kati]

Re: Do I have any rights regarding minimum wage

[MENTION=51026]Ula[/MENTION] [MENTION=26290]mariefab[/MENTION]

[mariefab]

Re: Do I have any rights regarding minimum wage

Working more than contracted hours- Yes, if it's pre-authorised by your employer.
Travelling time- Yes, if you mean the time spent travelling from one appointment to the next.

[Mary Connell]

Re: Do I have any rights regarding minimum wage

Thank you. Not sure what I do next. Company is trying to get me in the office to 'discuss my concerns'. For the first time I've stood up for myself and have asked to be paid to attend and for my travelling time to attend the meeting - I work so many hours unpaid and I've not even broached my usual travelling time, just to attend the meeting. They've termed it a 'required meeting'. Any further guidance would be much appreciated. Thanks again. Might I still be covered by employment law for the meeting? I know they are trying to intimidate me.

[Joanna C]

Re: Do I have any rights regarding minimum wage

As you are raising to your employer what you believe to be a genuine complaint about the minimum wage you are making what is known as a protected disclosure. You would therefore be protected against dismissal and victimisation in respect of the disclosure

[mariefab]

Re: Do I have any rights regarding minimum wage

When is this 'required meeting'?
Is it today? Hopefully not, but if it is please try to postpone it.

Because I think that it's likely that you mostly communicate with your employers by phone and, in order to benefit from the protection that Joanna has informed you of, you would need some evidence that these 'concerns' of yours that they wish to discuss are that you are working for more hours than they are paying you for and therefore you are not receiving the National Minimum Wage.
This would then be a qualifying protected disclosure covered by ERA 1996 s.43B(1)(b)

http://www.legislation.gov.uk/ukpga/1996/18/part/IVA

So, unless I'm wrong and you have already informed them of these concerns in writing, you need to do so before the meeting. Otherwise they could deny that the NMW was mentioned and make up anything they like about the subject of the meeting. If they then dismissed you or subjected you to any other detriment you wouldn't be able to prove the true reason.

Happy to help you write something to send to them if you like

[Mary Connell]

Re: Do I have any rights regarding minimum wage

Many, many thanks. They appear to have backed off. I shall read all advice in more detail and mull it all over - without a doubt they have been attempting to intimidate me. I have had no reply to my email complaining of the tone of their demand I come in.