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Employer is cheating my daughter

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amktrmck | 21:00 Tue 01st Dec 2009 | Law
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My daughter works at a nursery school.When she went for her interview she was told she would be paid £5.45/hr and after probation her pay would go up to £6.50/hr. Her first salary net pay was just over £900.00 since then her pay keeps going down. She has not been given her contract and she has now been there for a year. She was not being given payslips, until my daughter asked for them saying she wanted to apply for a mortgage. According to her payslips she receives £1000.00 gross per month. Her first 3 payslips had the wrong National Insurance number. She also works 43.5 hours a week. I seriosly doubt that she is being paid £6.50/hr. She is also paid late her salary is never in the bank on the last day of the month, as a result her direct debits don't get paid and she incurrs bank charges.
My question is which organisation can my daughter take her case to? She is also being discriminated against as from what she tells me the 5 other girls that work with her get paid on time and their net pay in constant.
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you say "what organisation can my daughter take her case to"?
however, you need to take several steps back here. Firstly has your daughter raised her concerns with her employers? Surelyy this is the first step she must take in case 1) there is no error and your assumptions are wrong or 2) it IS a case of simple error that can be sorted quickly
If she works 52 weeks at 43.5 hours per week she's getting about £5.31 per hour gross. If it's a school does she work 52 weeks or term-time? Is it a private nursery or run by the local council?
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Thanks for the responses, yes my daughter has asked her employer why she has not been paid the correct amount that was agreed and the response she got was that her employer did not know as her husband did the accounts and made all the salary payments. When my daughte has asked for her contract on several occassions the response from her employer is that neither one of them is going any where, so what was the rush.. I think that my daughter has been very patient with her employer and given her ample time to address the situation concerning her salary.
My daughter works for a privately owned nursery school. She does work 52 weeks.
Well the rush is simple: within 2 months of employing someone an employer is legally obliged to provide the employee with a thing called a 'written statement of employment particulars'. As a minimum of what it must include see here: (the bulleted list half way down)
http://www.direct.gov...dConditions/DG_175704
Surprise, surprise, it contains all the things your daughter needs to know (and more).

As for the bank charges bit, she is just going to have invoke her assertive side, I'm afraid. Viz: - Because you did not pay me on time, I've incurred bank charges. Here's the evidence (pulls bank statement from pocket). I think you should repay these charges to me.
Her net based on 1k a month should be around £850. Her tax code should be 647L

Legally she should get a payslip each time she is paid.

If she hasn't signed a contract then logically there is nothing to stop the owner from paying whatever he likes at minimum wage or above.

Always be wary of companies that are late with pay. They either do their own payroll or the worryingthing is that they have cashflow problems.

Get her to find out her tax office. If her boss starts making excuses about not revealing that then he is up to something. If they exist then your daughter can check with them to see what tax was paid over etc.
£1000 X 12 months ¬ 52 weeks ¬ 43.5 hours = £5.30

£1000 X 12 months ¬ 52 weeks ¬ 41 hours = £5.62/3

The second calculation takes out 30 minutes each day for a lunch or rest break. Perhaps that is what is happening on the pay front? Unless otherwise stated on your (none excistant contract) they can take the rest break out of your pay.

Otherwise as has been said your daughter should be given a written contract and get reimbursed for bank charges incured because of late payment.
I agree with buildersmate and others including cassa. I think it's likely that the figure of 43.5 hours includes her lunch break. Her actual paid hours are probably nearer 39 a week.

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