my employer can't pay my wage...

OldSchool

A2OC Donor
my MOT is due this month... and...

this is a messed up situation coupled with the fact that the employer hasn't handled this in an upfront way...

I work at a 4 star hotel and I live in which means there is a cottage in the grounds that several management people share. they deduct 250 quid for this.

basically I have a 35hour contract but it also says I will be working 5 hours overtime a week paid at a certain rate. so basically I was verbally promised I'd always work 40 hours. 2 people have quit so I've been working 6 to 7 nights a week for last few months and getting paid overtime.

a few months ago I learned some of the waiters hadn't been paid their full wages - this then got resolved and then a few weeks ago an email was sent out say no overtime is to be done at all.

great, however the nights team has to do overtime - even when we had 3 to 4 people - so my manager said he emailed his manager to agree that we would get paid overtime as we had no choice to keep hotel running - and we can't take lieu time either as we are short staffed and will likely be so for long time.

payday arrived and I wasn't paid any overtime - even the 5 hours a week from my contract. around 3am I get an email from my manager's manager saying I might have noticed no overtime was payed, the accounts person was on holiday and main office handled it so it is out of her hands.

called my manager and he double downs on the "we were supposed to be payed" shtick.

had a training meeting with the deputy general manger that I had to come in to early for (shouldn't have as I won't be paid overtime! ha ha) but thought it would be a good chance to talk to someone high up about what is going on.

he says they are entitled to pay us in Lieu hours which is true but not completely - in America employers (or honest ones) will tell you this is the situation - we can pay you overtime in Lieu hours are you ok with that? and maybe you can work a certain amount or just contracted hours you decide together and move forward.

also, in UK if lieu hours along with contracted hours lower wage below minimum wage it is not allowed / illegal? so my wage is low already and through in 2 weeks overtime it has got to be below national minimum wage.

the problem is complicated because 1. I live at work and 2 the employer has not been upfront

what should I do?

to clarify - I've been paid for 35 hours a week but not even my 5 hours overtime described in offer letter and not my almost 2 weeks overtime.

I asked the deputy general manger if he could guarantee my overtime pay in March he said no, I asked if he could let me take my lieu hours this month and he said no.

I told him at the meeting that in that case I can only work my contracted hours. he got a bit bent out of shape and said something like "well, I'll have to make sure protocols are followed"
 
not good position. Effectively your manager said to work the OT so he has to back that decision.

Going forward you need to ensure no OT even if its needed as you wont be paid. Its fairly obvious you wont get the TOIL so its a no from me.

On another side of things I'd be looking for another employer they are taking you for granted based on the fact that you live there. There are better jobs out there where you can trust your employer!

Good luck
 
Sounds like quite a pickle there.
Say no to the overtime unless it's in your contract that you have to do it. Encourage other evening staff to do the same. Some beancounter somewhere has made this decision without consulting the local staff. You need to highlight to the managers what happens when no staff turn up/go home early. The managers could fix it with a couple of phone calls.
Obviously don't put you job at risk, but don't work for nothing.
 
I suppose the most important thing and the thing that sort of takes it out of my hands is that a friend who is better at math than me says that once I work 40.5 hours a week the lieu time brings my 35 hours pay to below minimum wage... this means I can't work more than that many hours a week.

this is great protection for low paid workers and shows how this is when higher paid management needs to step up and fill the breach not the peons at the bottom...
 
I'd also be worried about the fact that people aren't being paid. Hence why I'm suggesting you try and find another job somewhere.

Company could be in trouble...
 
I too would try to get another job quite quickly. Then put a claim in via HMRC for failure to pay the minimum wage. They are very good.
If you have any further problems with your employment please feel free to message me privately (I work in HR and have a Post grad qualification in employment law). I'll always be happy to help where I can - dodgy employers make my blood boil
 
I too would try to get another job quite quickly. Then put a claim in via HMRC for failure to pay the minimum wage. They are very good.
If you have any further problems with your employment please feel free to message me privately (I work in HR and have a Post grad qualification in employment law). I'll always be happy to help where I can - dodgy employers make my blood boil
Will these "laws" be changing come the end of March?
 
it's contractual?
So they should honor the contract or it's in Breach. Find another job resign and claim Breach of Contract etc via a tribunal
 
A slightly different viewpoint -
At present you have a job, accommodation, low pay and possibly a contract which includes a payout if you're made redundant.

If you pack the job in you'll loose the lot but if you can afford to keep going on the low pay, don't jeapordise everything else until you're ready to jump ship.
The management don't sound like they want to play fair but is there any room to negotiate some form of compensation for the loss of overtime payments - a reduction in rent, free food or anything they currently deduct from your salary

Cheers Spike
 
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