NMW & overtime

[21TonyK]

Just picking up on another thread there's mention than unpaid overtime must not bring the overall hourly rate below NMW.

Is that definitely the case?

To clarify: this is where someone works 16 hours each week, 4x3hrs and 1x4hrs and regularly does an extra 15-30 minutes on the 3hr days. So over a week maybe up to 18 hours, 2 hours unpaid. Works out a few pence below NMW. Others doing the same role do so within the contracted time.

Edited by 21TonyK on Tuesday 1st December 06:44

[andy-xr]

I think that you're looking at it differently to how it's calculated. It's where overtime would put you over the NMW threshold and the overtime is guaranteed, so the basic pay + the overtime is what makes it go over the NWM

What I think you're saying is 'I'm doing unpaid overtime and divided by the hours I'm working I'm not being paid NWM' which is different. Dont do the overtime

[Sy1441]

You are right in your thoughts. It's not the contracted hours but the hours worked than the minimum wage calculation is taken from. The company does have a responsibility to track the hours worked by employees via timesheets or the like.

In my eyes theres a big difference between staying on 10 minutes after your shift time to finish something and working in a business where there is a culture of employees (usually management) working in excess of their contractual hours as a norm. I've been middle management in a national business where this culture existed and due to the low wage structure in first line management some people would drop below minimum wage which essentially meant we were breaking the law. I only worked for the company for 3 months thought until something more culturally appealing came along.

[21TonyK]

Assumed this was the case. Thanks guys.

Their review is due soon and I know it will be raised. My line of thought is to find out why they need to work longer then anyone else doing the same job before discussing the issue of NMW.