I work for a cleaners in the South West. This year when the minimum wage went up, my employer refused to give me and my eight colleagues a rise, saying we had to accept it or some of us would lose our jobs. What can we do if she does the same this year?
Anonymous
Thank you for your question – you actually left your name but we thought it better to keep it anonymous.
This is coming up because it’s been confirmed that from next April, the national living wage will increase to £12.71 (up 4.1%) and the wage for 18 to 20-year-olds will increase to £10.85 (an increase of 8.5%).
It’s an issue I looked at last year.
There are several ways to solve the problem, from an informal chat to an employment tribunal.
However you do it, keep “as much information to hand as possible”, Lucie Garvin, from the Advisory, Conciliation and Arbitration Service, told me.
This could include payslips, bank statements, receipts and dates when issues were noticed and steps taken.
Informally
“It’s usually best to raise it informally with your employer first,” Garvin said.
“It may be a genuine error, and a casual conversation might resolve the issue.”
But there are some excuses to watch out for, as Garvin explained.
The following do not contribute to your salary:
- Tips and gratuities
- Company car
- Cycle-to-work schemes
- Car fuel
- Work phone
- Other benefits in kind
“Your employer should still be paying you at least the minimum even if you are receiving perks such as these,” said Garvin.
Formal grievance
If you are still not being paid the correct amount after raising the issue, you can make a formal complaint to your boss.
“Some people might find it quite a daunting idea to raise a concern with their employer, but sometimes it’s a genuine mistake they did not realise has been made,” Garvin said.
“Talking to the employer informally or sending them a more formal letter or email can be enough to highlight the issue and get it resolved.”
HMRC or tribunal
People who feel they are not able to approach their employer themselves or who try without success can raise the issue with HMRC’s national minimum wage enforcement team, or by making a claim to an employment tribunal.
Importantly, they cannot do both.
“There are also strict time limits for making a claim to an employment tribunal,” said Garvin.
Single payment: If there was a single underpayment or non-payment, you have three months minus one day from the date you should have been paid to make a claim.
Multiple payments: If there were several in a row, you have three months minus one day from the most recent incorrect deduction.
