Law
Ask a Law Question, Get an Answer ASAP!
Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.
for the avoidance of doubt, may I clarify this relates to an immigration query or simply that of minimum pay in the UK please?
thank you. From April of this year, the National minimum wage was increased to £9.50 per hour for adults over the age of 23.
there is no such thing as a minimum salary because salaries but based on the number of contracted hours you are required to work under your employment contract, your salary should be a minimum of a multiple of the number of hours you are contracted to work multiplied by the minimum wage above.
So for example if you are contracted to work 35 hours per week then you should be paid (35 x 52 x £9.50) = £17,290
Are you charged money for your accomodation?
So it is free with no deduction made?
may I clarify - is a deduction made for accomodation from your wages? If so what amount is deducted each month or week?
thank you. If no deduction is made from your wages for the accommodation, then an "offset rate" of £8.70 applies per day to your wage for the accommodation.
Accordingly factoring in the above offset into your wages I calculate that your minimum salary per year based on 40 hours per week should be at least £16,593.20 so it looks like you may be very slightly short of minimum wage.
I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.
there is no deduction allowed for council tax and utilities and the like. As above, where accommodation is provided for free, a standard offset of £8.70 per day is allowed
I'm afraid there are no other deductions that are allowable in terms of calculation of minimum wage.
The position is relatively clear cut I think. a fixed offset rate of £8.70 applies where you are provided with free accommodation which is deducted from your wage per day before working out minimum wage. as we have discussed, based on the above calculation, it seems that you are ever so slightly below minimum wage but only by just over £93 per year.
Council tax is disregarded - I quite appreciate it makes a big difference to your disposable income (as it does for us all to a greater or lesser extent) but it is not a factor that can be used to determine minimum wage.
I hope the above is of some assistance but if you have any further questions, please revert to me.
I trust the above was of assistance and that you do not have any follow up questions for now. If there is anything else I can help with please reply back to me though.