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Is this legal?

SystemSystem Posts: 8,653 Staff Team
I do sleeper shifts at an old peoples home three nights a week. I love my job cos its easy money but I'm only getting paid £18 per night. Is this aloud? Is there some kind of legal loop hole my work are using because I'm sleeping most of the time?
On an average week I have to get up at least three times, but never more then twice in a single night.

I've spoken to a mate of mine who works at another home and their sleepers get paid £18 per hour (i'm on the waiting list for that job, but have to wait till someone leaves or their new home opens sometime next year)

If they are being illigal with the way they pay me can I claim back they money they owe me for working all those hours over the past year?

Comments

  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    how many hours do you work?
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    7 per night, it works out that I'm getting paid £2.57 an hour
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Zella wrote:
    7 per night, it works out that I'm getting paid £2.57 an hour


    Have you ever tried asking them for a raise?

    I mean, your pay is piss poor in comparison to your friend who gets £18 p.h. for more or less the same kinda job.

    It sounds like they are exploiting you..have you signed a contract or anything?
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    if you don't mind me asking, how old are you?

    i'm pretty sure that you have to get at least minimum wage, which is dependant on age, and should at least be more an hour than you're on now
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    I think you are either 18 or 19, either way you should be earning at least £4.25 per hour!!! This is the law....are you being paid cash in hand or something? I would speak to your employers and if they refuse to increase your wages you could report them!

    Direct Government Advice

    Minimum Wage

    Minimum Wage News Report
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    "Provided the employment contract clearly sets out the period when the worker is permitted to sleep and the employer provides suitable sleeping facilities, the worker need not be paid the national minimum wage in respect of that period if he is not actually working. He must, however, be paid the minimum wage in respect of any time during the period when he is working or awake for the purpose of working. In cases where the employment contract does not clearly specify any sleeping time however, tribunals seem likely to conclude that the minimum wage should be paid for the full time when the worker is at work."

    WRIGHT vs. SCOTTBRIDGE. A night watchman whose main duty was to respond to an alarm in the event of intruders could sleep or do whatever he wanted but he had to be on the premises for the duration of his shift. The ruling was that he should be paid the National Minimum Wage for every hour.

    BNA vs. INLAND REVENUE. A nurse had to be available to take telephone calls during a night shift even though calls were rare in the middle of the night and she was based at her home. The court ruling was that she should be paid the National Minimum Wage for every hour she was on call.



    So are you given exact times when you should sleep and then work or are you woken up at any time??
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    I'm woken up at any time during the night
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Did you ring ACAS?

    The number is 08457 47 47 47, open Mon-Fri 8-6.

    ACAS advice on the National Minimum Wage.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Yea I rung them and they said I needed to talk to my manager about it because there is no set law about sleeper shifts. I spoke to my boss and he said that they're using a loophole to get away with it and that because I'm sleeping, even tho I'm on call, I'm not technically working so I shouldnt get paid per hour.

    He also told me that my mate was lying and that no home would pay their staff £18 per hour and that people dont get inconvieniance(sp) pay:rolleyes:
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    "In cases where the employment contract does not clearly specify any sleeping time however, tribunals seem likely to conclude that the minimum wage should be paid for the full time when the worker is at work."

    I would take it further Zella.
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