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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48180
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My son is special needs and is just about to start a little

Resolved Question:

my son is special needs and is just about to start a little job with BRANDON TRUST AT WORLE he will be working for two days a week and will be paid seven pounds an hour but he will work eight hours per day but will only get paid for five I WOULD LIKE TO KNOW IF THIS IS ILLEGAL.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

Has the employer stated why your son will be paid for 5 hours? Please can you also tell me whether he will have any breaks during his working day and if so, how many and how long each break will be for? Thank you

Customer: replied 1 year ago.
IVE BEEN TOLD THAT THEY ARE CLASSING THE TWO HOURS AS TRAINING HOURS BUT MY SON HAS BEEN WORKING AT THIS JOB FOR YEARS WITH NO PAY AND CLASSED AS TRAINING DAYS. HE WILL BE HAVING HALF HOUR FOR LUNCH.
Expert:  Ben Jones replied 1 year ago.

What will he actually be doing in these two hours?

Customer: replied 1 year ago.
HE WILL BE AT THE SITE THAT THEY ARE WORKING WHICH IS GROUNDS AND GARDENS. HE WILL START AT EIGHT THIRTY AND FINISH AT THREE THIRTY..
Expert:  Ben Jones replied 1 year ago.

How old is he?

Customer: replied 1 year ago.
MY SON IS FOURTY TWO YEARS OLD.
Expert:  Ben Jones replied 1 year ago.

Sorry my connection dropped earlier. All workers have the right to be paid at least the National Minimum Wage, which for those 25 and older, is currently £7.20 per hour. This is that they must receive taking into account the hours they work and the total pay they get. So in essence, if he gets paid weekly then you need to calculate all the hours he has worked and the pay he has received for them and ensure that the average hourly rate is at least the NMW rate of £7.20 per hour.

They key is what amounts to working time. This is somewhat of a legal grey area I'm afraid. Under law a worker is entitled to be paid for anything that constitutes 'working time'. This would obviously include normal working hours and any other time that is defined as working time under contract, such as paid overtime. If the contract is silent on whether training counts as part of working time, it would be for the employee to show that this was the case and they were entitled to be paid for that time.

When it comes to training and working time, Reg. 2(1) of the Working Time Regulations states that working time covers periods during which a person is receiving 'relevant training'. However this excludes training on a course run by an educational institution or training establishment.

In addition, the Government's Business Link advice service states that working time includes job-related training but does not cover evening classes or courses run by an external training provider.

Therefore, where a worker attends training that is outside normal working hours but is nonetheless job-related, the time would count as working time and he should be paid for it. However, this is only on the proviso that the course was not run by an external person or organisation whose main business was the provision of training.

If the course was run by an external person or organisation whose main business was the provision of training, the time spent training is unlikely to qualify as ‘working time’ and as such he would not normally be paid for it.

This is your basic legal position. I have more detailed advice for you in terms of the options he has on challenging this, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

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Expert:  Ben Jones replied 1 year ago.

Thank you. In the first instance this should be pursued formally directly with the employer, such as through a grievance. If that does not help and he is not being paid what he is due, he could consider making a claim for unlawful deduction of wages.

In order to try and resolve this, the employer should be contacted in writing, advised that this is being treated as unlawful deduction of wages and ask them to pay back the money within 7 days. Advise them that if they fail to pay the money that is owed, legal proceedings could follow.

If the employer does not return the money as requested, the following options are available:

1. Employment Tribunal - the time limit to claim is only 3 months from the date the deductions were made. To make the claim, form ET1 needs to be completed and submitted - you can find it here: https://www.employmenttribunals.service.gov.uk/employment-tribunals

2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years and is usually used if you are out of time to claim in the Tribunal. The claim can be made online by going to: www.moneyclaim.gov.uk.

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.