Areas Of Complication
Our expert guidance is often required in specialist areas.We can explain what is expected to be included in many differing employment schedules and working hours. Please contact us for confirmation of the law in regards to:
- Time spent in training and on training courses
- Time spent being on call
- Being paid for travelling on business, for example, between appointments or to meetings with clients, travelling to conferences and training
- Employer deductions for accommodation
- Family members: a worker who is a member of the employer’s family,living in the family home and who shares family tasks and activities
- Employees who live in the employer’s family home who are not members of their family but are treated as such. This includes being provided with food and accommodation and sharing in the family tasks and activities. They are not liable to deductions or to make payments to the employer for provision of food and accommodation or if the work undertaken would not be classed as work, if performed by a member of the employer’s family
Failure To Pay The National Minimum And Living Wage
Whenever an employer fails to pay their staff the Minimum or Living Wage, they are breaking the law. It is also against the law if the employer falsifies records of payment to show compliance where they have actively broken the rules.
Any employee not being paid the correct rate for their age should attempt to resolve the situation by discussing the issue with their employer. If they cannot reach a suitable resolution or the employer refuses to listen to the complaint, then the employee should submit a written complaint – this is known as a grievance.
Once a written complaint has been made, and if the employer still refuses to act upon it, then the employee can approach the HMRC (HM Revenue & Customs) to investigate their legal rights or raise an employment tribunal to formalise their complaint. The employee can only choose one of the options available. They cannot pursue both areas of investigation.
Awards For Non-Compliance To National Minimum Wage & National Living Wage Rates
A successful claim against an employer can result in a maximum fine for non-payment of £20,000—and if the employer refuses to pay the fine, they will be banned from the role of company director for up to 15 years.
As specialist employment solicitors, we can guide you in the correct processes and guidance of legislation in:
- Eligible employee hours pertaining to the National Minimum Wage
- Establishing employee payment schedules
- Confirming if allowance payments constitute to National Minimum Wage rates
- Hourly rates applicable to different shifts, shift patterns and weekend work
- Confirming allowances to working times including training, study and travel
- Confirmation of the rules pertaining to nighttime shifts or where workers spend time asleep
Our Employment Solicitors Leeds team will manage your claim with both professionalism and sensitivity, and always in accordance with your legal rights.