Minimum Wage / Working without a contract...

Hey,

I'm best mates with a lad my age who currently works around 52 hours a week for a local convienence store. He yesterday revealed to me that he has no written contract with his employer and is paid cash in hand on a sunday meaning he pays no tax.

I've worked since sixteen and have been lucky to have had an external qualifcation which allows me to be on a significant amount more than minimum wage. Though again yesterday he revealed to me he earns £3.50 an hour above his verbally agreed 16 hours. This is some £3 less than minimum wage.

I've talked to him about this and he's reluctant to challenge his employer regarding this and is even more reluctant to get a new job. It's also important to consider that he has an ADHD condition and I think this could be a reason in why he's effectively being taken for a ride.

Is there anything I can personally do or someone I can contact on his behalf to get this changed or is it all up to him?

Thanks.

James

Reply 1

Arianax

The contract is an issue, but the bigger issue is why is he being paid £3.50. That's not national minimum wage. Unless he's a apprentice, then fair enough.

(edited 7 years ago)

Reply 2

username1799249

Original post by Ishax

The contract is an issue

It actually isn't. A contract can be verbal or based on an offer letter.

https://www.gov.uk/employment-contracts-and-conditions/contract-terms

But I agree that the £3.50 issue is more of a problem. I would dob in the shop with trading standards.

Reply 3

Arianax

Original post by ByEeek

A contract for me provides security that I have got a job with a company and they can't just get rid of me etc. Majority of employers give contracts.

Reply 4

username1799249

Original post by Ishax

A contract for me provides security that I have got a job with a company and they can't just get rid of me etc. Majority of employers give contracts.

Agreed. But an offer letter is as good as a contract. If they are going to get rid of you, they will do so regardless of any contract. It is then up to you to take them to a tribunal (at your cost) and claim unfair dismissal. And thanks to our darling Tory government, employers now have two years in which to bin employees with practically no rights to the employee, contract or no contract.

Reply 5

Arianax

Original post by ByEeek

I personally wouldn't work without a contract, but each to their own.

Reply 6

username1799249

Original post by Ishax

I personally wouldn't work without a contract, but each to their own.

Sometimes you don't discover you are going to get a contract until you arrive for work on day one. Then it comes down to the cover letter. I speak from personal experience.

Reply 7

Arianax

Original post by ByEeek

Sometimes you don't discover you are going to get a contract until you arrive for work on day one. Then it comes down to the cover letter. I speak from personal experience.

I currently work with Next and I have a permanent contract. A lot of the big companies have contracts for their employees. This obviously varies if you're self employed.

Reply 8

username1799249

Original post by Ishax

I currently work with Next and I have a permanent contract. A lot of the big companies have contracts for their employees. This obviously varies if you're self employed.

Yep - larger companies will have HR departments. Smaller companies are less likely to even have one HR person let alone a department. The company in question that wouldn't give me a contract were only about 100 strong.

Self employed, you always have a contract, mainly because it is you that draws it up.

Reply 9

Arianax

Original post by ByEeek

I just feel having a contract provides security that you have the job etc. I know there's verbal agreement, I prefer contract.

Reply 10

WhoDaresWins

Original post by Ishax

I currently work with Next and I have a permanent contract. A lot of the big companies have contracts for their employees. This obviously varies if you're self employed.

How much do you earn at Next?

Reply 11

Arianax

Original post by WhoDaresWins

How much do you earn at Next?

£7.11, I'm supposed to get £6.95 so I think it's pretty good.

Reply 12

doodle_333

You shouldn't do anything. It's really up to him to take action or not and decide what he's prepared to put up with. As a friend you could find the relevant people to report his employer to and you could give him suggestions of more legitimate jobs. If this is what he wants to do though you should let him be. I don't think ADHD would prevent him being able to make his own decisions but you could reassure him that it shouldn't prevent him getting a genuine and legitimate job if you think he might have low self esteem.