Almost everyone who works, regardless of the job they do or the number of hours they work, have certain legal rights when it comes to pay. Right from the beginning, you should be told what your rate of pay is, how it will be paid and the day or date it will be paid.
You should also receive an itemised payslip either on or before your first pay day and for every pay period afterwards.
Your employer can choose to pay you more than the minimum rate of pay, but cannot pay you less. Your rates of pay should be set out in your employment contract and should be the same whether you work part-time or full-time hours. The current hourly rates (as at 1 April 2017) are:
£3.50 for apprentices in their first year, or less than 19 years old
£4.05 for workers 16-17 years old
£5.60 for workers 18-20 years old
£7.05 for workers 21 years and over
£7.50 for workers 25 years and over (not on apprenticeship)
You are not entitled to the minimum wage if you are self-employed, voluntary, a member of the armed forces, a prisoner, workers living in their employers family home and not contributing to costs or meals, trainees on some government schemes.
Full-time workers are entitled to 28 days paid holiday, including bank holidays. Your weekly holiday pay should be paid at the same rate as your normal weekly pay. If your pay varies from week to week, holiday pay should be calculated as an average over the past 12 weeks.
Rolled up holiday pay – agency / casual workers
Your employer may pay you an additional amount each pay period in lieu of holiday pay. It is legal for them to do this, but they must make it very clear on your payslip what your hourly rate is and how much your rolled up holiday pay is.
If there is a bonus system in operation, everyone must know how it operates and how it affects them.
Statutory maternity pay (SMP) is only payable if you have been continuously working for your employer for more than 26 weeks by the time you are 25 weeks pregnant and are earning at least £111 per week before tax. SMP is payable for 39 weeks. For the first 6 weeks, you are entitled to 90% of your pay and for the remaining 33 weeks you are entitled to £140.98 per week. If your pay is below £111 per week, you will be entitled to the 90% rate for the entire 39 week period.
Your employer may require you to keep details of your pay confidential to anyone outside your organisation, but they cannot stop you from comparing rates with colleagues.
How we can help
We have a team of highly experienced employment law specialists on hand to help you with any dispute or concern you have over your pay or terms and conditions of employment.
If you would like more information or just want a confidential, no obligation chat about your options, contact our highly experienced team today.