Advice needed on work contract & pay

So I started working at a restaurant a few weeks ago;

Went into restaurant signed a contract saying that I will get X hours a week at £6.31 an hour.

Heard a few guys complaining about the fact that they only get minimum wage (£5.03 an hour).

Think this is strange but hold out until pay slip.

surprise surprise I've only been paid for £5.03 an hour which I've now been told is the rate of pay that I should've been paid.

However I was told when I was signing the contract that I would be paid £6.31 an hour and its clearly written in my contract that I should be getting paid £6.31 an hour!

I believe that this impacted on my decision to take this job and was wondering if there is anything I can do?

My manager currently has the contract but I took pictures of it just in case.

Of course I want to stay at the restaurant but is it understandable if I ask to be paid £6.31 for the hours I have already worked as I was expecting to be paid a certain amount?

Just want some advice really and want to know what is in my legal rights to ask for!

Cheers

Reply 1

Key123

Original post by tom_kelly

How old are you?

Sounds like a classic case of HR sticking a name on something and not reading the rest of the contract.

Just a note- I wouldn't have handed back the contract. A photocopy, yes.. An original, no

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(edited 10 years ago)

Reply 2

Pipsico

You absolutely have grounds to raise a grievance about it! It is written in the contract and contractually enforceable.

I'm no law grad or anything, but this is breach of contract 101 surely? If you were to challenge them and they dismissed you for it, you could take them to a tribunal over it. Hopefully someone more law-orientated can give you a better answer.

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Reply 3

tom_kelly

Original post by Key123

I'm 19.

Ah the thing is it was in their file cabinet and she left it there for the manager to sort out in the morning!

I was meant to be given a spare but never received it

Reply 4

Pipsico

Original post by tom_kelly

I'm 19.

Ah the thing is it was in their file cabinet and she left it there for the manager to sort out in the morning!

I was meant to be given a spare but never received it

Yeah it looks like a HR mistake with your age. You've been put in the wrong min wage age band in your contract.

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Reply 5

Portia1993

File a complaint, you both will have signed the contract so they've agreed to pay you said amount and you've agreed to receive said amount.
Massive faux pas by them for not checking it...
Deffo get a spare and make sure you hold onto the pics you have of it
Failing them agreeing to pay you said amount, take them to a tribunal - It's a binding contract so you have every right to receive that money :smile:

Reply 6

tom_kelly

Original post by Portia1993

Thing is I want to keep working for them so I'm not sure it would really be worth going through all that for like £90 as the manager will probably get annoyed?

Will see what she says today as she hasn't yet said that they refuse to pay me that amount.

Reply 7

FlavaFavourFruit

You should always request a contract for yourself to keep :smile:

Definitely raise this issue with your manager.

Reply 8

Hedgeman49

Original post by Portia1993

And then after the tribunal OP will likely be released from the contract and not have a job at all, for chasing about £100...

This is clearly a clerical error, you should raise it with management as a point of clarification but don't go in demanding money