Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. firstly came you tell me how long you have been with the care home and have you contract of emploments
Sorry for the typos, predictive typing got the better of me
I have been with them a year, other staff members have been with them for longer, some years. We all have contracts of employment
but having said that I can't seem to find mine now. Some have but they are not signed
Thanks and what do you wish to achieve - just to be paid as you should, or are you thinking of leaving?
What are our right by law, can they pay us what they like. I think that they are exploiting people, alot of the girls are indian or philipinos and don't know what their right are.
Would we be able to get back pay. If we went to the tribunal people would they be able to help us
No, the employers cannot just pay you whatever they want. You have the right to be paid the rates that you are contracted to work, as specified in your contracts. If you were employed on a specific rate and this is documented in your contract then you are contractually entitled to receive that rate. If the employer does not pay you what you are contractually entitled to then they will be acting in breach of contract and can consider recovering what you are legally due. Before you consider legal action you should try and pursue this through the internal grievance procedure. This is to give the employer the opportunity to resolve this without having to involve the legal system. However, if that does not help, you are able to take the matter further:
Hopefully by warning the employer you are aware of your rights and are not going to hesitate taking further action they will be prompted to reconsider their position and work towards resolving this.
Do they have to pay at least the minimum wage of £6.40 to everybody
The minimum wage is £6.31
You are all entitled to at least that rate by law
Ok my apologies I had convinced myself that it was £6.40 an hour, so in October when it goes up to £6.50 that is what we can expect
Yes as soon as a new rate is formally introduced, from that date onwards you are entitled to it
ok thanks for the advise
You are most welcome, all the best