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

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    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!
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    Did you keep your timesheets?
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    If your employer won't give you the money he owes- talk to the head manager.
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    How did you get told your rate? Anything in writing or all verbal?
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    (Original post by Asurat)
    Did you keep your timesheets?
    Yeah of course I have copies of them on my phone.
    I've even confirmed that they've paid me 30 hours short with my manager, the system says I've worked more than I've been paid for.
    But the people above aren't too keen on paying...
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    (Original post by Zerforax)
    How did you get told your rate? Anything in writing or all verbal?
    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.


    (Original post by studentfeed)
    If your employer won't give you the money he owes- talk to the head manager.
    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.
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    (Original post by Placeboo123)
    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.
    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.
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    (Original post by Placeboo123)
    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!
    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.
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    (Original post by studentfeed)
    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.
    Yeah after my manager was helpless I thought at least the head manager would be of some use and he'll be able to sort things out.
    But it seems like he only came and spoke with me to later let me know that the people above have said no..
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    (Original post by Placeboo123)
    they've also paid me 30 hours short for the Christmas period
    Give them 1 warning, in writing, that unless they pay you for the hours you've worked then you'll be suing them.

    Then do it.
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    (Original post by SlowlorisIncognito)
    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.
    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.
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    (Original post by TSRFT8)
    £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.
    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.

    Also we with regards to making it impossible for me to stay I don't think that'd happen.
    As we work in small teams and the manager understands my point of view very well (at the end of the day it is ther mistake) and they genuinely want me to get paid £6.70.
    We get on really well in general apart from when it comes to me, the youngest member of the team getting paid..

    I'd rather not mention who I work for here.
    If you really want to know I can PM you
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    (Original post by TSRFT8)
    £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?
    The minimum wage is exactly what it says on the tin - the MINIMUM they are required to pay someone that age. The employer is entitled to pay more if they wish to.

    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.

    (Original post by Placeboo123)
    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.
    You should be trying to get any confirmation/admissions in writing if possible. It doesn't matter what other people in the company think you should be paid - if it has been agreed with you what the rate is, that is how much you are entitled to be paid.

    Have you calculated how much they owe you in total between paying you less and not paying you for hours?
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    (Original post by Placeboo123)
    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'.
    !
    this is absolute crap, as a full time UK student I work 30 hours a week for a government employer (who would be the first ones to know if this was true) and I used to work 34
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    (Original post by Zerforax)
    Have you calculated how much they owe you in total between paying you less and not paying you for hours?
    They owe me a good few hundred pounds.
    I have worked out to a penny how much they owe me and I've given the head manager the details.
    He took a copy of it and I suppose he was meant to pass it on further but if they still disagree to pay me what was initially said then they won't be interested in what I said they still owe me.

    My manager I am pretty sure would be willing to confirm that he has made a mistake and did in fact tell me I'd be earning 6.70 an hour.
    After they've paid me 5.30 for the first month they've told me that they've got an email from HR stating that my hourly rate has been changed to 6.70.
    But I recon that was probably bull**** just so I would be willing to work full time over Christmas when they all wanted to have holidays...
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    (Original post by Zerforax)
    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.
    So how exactly am i wrong, i just said that it is easier to prove written emails as opposed to phone calls? And again that was the point i was making by stating "making it impossible for him to stay" so your post basically echos what i said but you are trying to correct me?
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    (Original post by Placeboo123)
    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.
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    (Original post by TSRFT8)
    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.
    I guess if it states the pay on the contract then it'd have been much easier.
    But I was told the pay verbally rather than have it on paper.
    Although I believe that my manager would be okay with admitting to making a mistake and would back me up when it comes to my pay.

    If the HR department disagrees to pay me what I was initially told to get paid.
    Where do I take it further? Sue them?
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    (Original post by Placeboo123)
    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.
    With nothing in writing, and given you've worked for three months essentially accepting the rate of £5.30 an hour, that might be a lost cause. However, ACAS should definitely be able to help you get paid for the additional work you did over Christmas (although I would guess that it may end up all being paid at the rate of £5.30 an hour).

    In general, your employment contract should mention your rate of pay and the rates for overtime pay.
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    I had a similar problem with my employer. When I first started worked all my shifts, it came to the result that I was underpaid by 22.75 hours. Luckily, however, I had a time sheet which recorded all my hours.

    A little later, during my next shift, I told them that I had been underpaid. Later, I bring in my hours sheet and it seemed that the extra hours I worked weren't authorized so I didn't get paid. The manager, after quite some hassle managed to sort it for me and I got my extra hours worth of pay bumped onto my next payslip.

    It's a lot of hassle and I know how you feel right now. As they have only payed you £5.30 hour since the beginning, I can't really see your wage increasing unless your pay is stated somewhere on a contract (I assume you don't have salary so probably not)

    Those extra hours however should be paid. You have the right to go in. If you have a time sheet I recommend you go in and do what I said. If they still say no, well, perhaps a tribunal could be held (obviously you will not retain your job after this) but you'll get your money. Besides, do you really want to be working anymore shifts for a company that doesn't even pay you for your work? Personally, if it continues I would refuse to work anymore.

    EDIT: Tribunal is an extreme measure obviously. There are so many other methods to working this out.
 
 
 
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