My employer conned me. What can I do? Part Time, Student.

Did you keep your timesheets?

How did you get told your rate? Anything in writing or all verbal?

If your employer won't give you the money he owes- talk to the head manager.

I have a contract but it doesn't state the hourly rate, they've told me that verbally.
They've reassured me on multiple occasions that I am in fact working for 6.70 an hour, even after my wages came back as 5.30 an hour! Ridiculous
Nobody is denying that I was initially meant to be at 6.70 an hour.




I've spoken to the head manager recently, when we had the conversation he was very understanding.
He went away with my details and he has contacted the people above from HR and payroll and has told me that they only pay minimum wage, so if I want 6.70 wait until 21.

Hi all

It's been long since I've used tsr, been a bit busy but you guys can give some excellent advice which is what I need right now.

So three months ago I've found my first job and everything seemed great, I was told I'd be earning 6.70 an hour even though I'm only 18 so seemed all good.
Well.. it was good until I started getting my monthly wages.

I was paid 5.30 for my first month which was surprising as I've been told I'm on 6.70 an hour.
My superior have told me that it was a mistake and not to worry they'll pay me back next month.
I naively believed them and it was getting to Christmas period.

Everyone wanted holidays and I thought I'd make some extra money so I agreed to take up 40 hours a week for the 2 weeks we had half term in school.
It seemed quite promising, increased hourly rates for Christmas, New Year's Eve and the Bank Holidays.
Until... I got paid.

Yet again they paid me 5.30 an hour, hence they haven't paid me back from the previous month, no increased hourly rates.
Not only all of that, but they've also paid me 30 hours short for the Christmas period, since 'Students can only work 20 hours a week'.

Yada yada yada 3 months later they're now telling me that I'll probably be paid 5.30 an hour and that's the way it is.


Sorry for the long post, wanted to give you the feel of what's going on, I could write for hours about the things that are wrong with their business but no one would want to listen hah.
Greatful for any advice, thanks!

That's rubbish- you worked for more hours at least they can pay what you worked and then you can carry on the hours that HR told you to get paid.

they've also paid me 30 hours short for the Christmas period

Students only being allowed to work 20 hours a week only applies to international degree students on a tier 4 visa and then only in term time.

Do you have a written offer/contract with your agreed pay on it? Or anything in writing about the pay dispute? Does the company have a HR department?

If the company do have a HR department, I'd take it up with them first, as they'll hopefully want to sort this out. If they don't, or you don't get any joy with HR, try contacting ACAS http://www.acas.org.uk/index.aspx?articleid=1461

This isn't how a good employer treats their staff though, so in you position I'd also be looking to leave ASAP.

£5.30 is the minimum wage for 18 year olds (just looked to make sure) so i think that is actually what you were supposed to be paid and the £6.70 was a mistake/mis-communication.

£5.30 is the minimum wage for 18 year olds (just looked to make sure) so i think that is actually what you were supposed to be paid and the £6.70 was a mistake/mis-communication. So i dont really think there is anything you can do from a legal point UNLESS on your contract it stated £6.70 then yes you are entitled to the wage stated on your contract. In addition to the hours you were not paid for, firstly you should take this up with the HR department (email them as then you have legal evidence) phone calls are not that great as there is not really much proof unless you record it etc etc. If this provides you with no luck i would suggest you take this up with a employment solicitors/Contract lawyers.. However this should really be the last resort as more then likely this will result in you losing your job after the process (they wont sack you for no reason however they will make it impossible for you too stay). You are entitled to the money you worked, and if you have spreadsheets, clock in dates, rotas from the manager it will be very simple to prove from a legal perspective.

EDIT: What company do you work for?

I have a contract but it doesn't state the hourly rate, they've told me that verbally.
They've reassured me on multiple occasions that I am in fact working for 6.70 an hour, even after my wages came back as 5.30 an hour! Ridiculous
Nobody is denying that I was initially meant to be at 6.70 an hour.

I've spoken to the head manager recently, when we had the conversation he was very understanding.
He went away with my details and he has contacted the people above from HR and payroll and has told me that they only pay minimum wage, so if I want 6.70 wait until 21.

Hi all


Yet again they paid me 5.30 an hour, hence they haven't paid me back from the previous month, no increased hourly rates.
Not only all of that, but they've also paid me 30 hours short for the Christmas period, since 'Students can only work 20 hours a week'.
!

Have you calculated how much they owe you in total between paying you less and not paying you for hours?

Wrong on the contract point too - you can have verbal contracts as well as written contracts. The real benefit of a written contract is that it is easier to prove compared to the he said vs they said.

Also they can't sack him for suing them and would probably just leave them to being opened to being sued again. Obviously they could make his life difficult or if he's on a zero hours contract then give him zero hours.

That's pretty much the point.
It was essentially a mistake that they're realising now...
They've had me working for all these months telling me over and over that I am earning 6.70 an hour and the wages are just a mistake.
You think I'd be working on New Year's Eve until very late evening if I was to be paid £5.30 an hour? Common hah
My manager (person who hired me) is now being told by his superior that he made a mistake and I should be earning £5.30 an hour.
After all it is THEIR mistake right? They should pay for it not me.

It is not a mistake if on the contract you signed it states you will be paid £6.70, you should have a copy of the contract if not ask the manager for it and then this can be taken further, you seem to have all the legal evidence should you need to take this further, and i was just asking out of curiosity if you dont feel comfortable saying it then its alright.

Thanks for the link to ACAS I'll definitely be researching into them.

I have a contract which is about 40 pages long, however, no where does it mention the pay on it.
I guess if it wasn't my first job then I'd demand a bit more about the pay to be added on a contract I was too excited about my first job to even think about that.

Nobody, however, disputes the fact that when I was hired I was told I'd be earning 6.70 and they've reassured me about that on multiple occasions too.

Yeah I'm no international student either but they believed that all students have a 20 hour weekly limit or at least the head manager did.