Working Out Your Claims Worth
Working out how much pay is owed to you:
It can be hard to calculate just how much you have been paid and how much is missing, especially where your hours vary: or where you are paid monthly, but on an hourly or weekly basis. The varying days in the month makes it hard to reconcile payments; and if your hours changed all the time, it can be very hard – without the records!
If you have your own records or copies of work rotas, timesheets and pay slips, then you can at least start to work out how much you are owed; but even without the precise records, you can still work out an estimate:
You know, roughly
- The dates you started work
- The number of months/days/shifts or hours you worked;
- number of hours on each week/day or shift
- the hourly rate (usually the National Minimum Wage, or a higher rate if that was agreed)
- amounts you were paid for each period (daily, weekly or monthly)
- amount you should have been paid
- amount of the shortfall.
In practice, setting out that calculation, or estimate is often the hardest part of the claim. It has to be worked out in as much detail as possible. As the claim progresses and more information is disclosed, you can adjust the amount claimed. If in doubt, give yourself the higher figure at the start. While you shouldn’t exaggerate, your estimate can be generous! It is always easier to come down from a high claim, once accurate records are produced, that increase later to a higher amount. All these examples are based on the commonest payment system, hourly pay. But some people are paid on “piecework”: so much for each bit of finished work. Pay may also include bonus payments sometimes; or overtime; or shift premiums. Working these out can be tricky. These payments may be included in calculating the NMW; or may be claimed additionally as wages on top. It all depends on the contractual arrangements. If in doubt, include them: give an estimate of what you should have been paid.
Add on the holiday paid due
28 day pay for full year service or a proportion if you work less.
For example, if you have worked for 3months, this entitles you to a quarter (7days) pay
Add on the compensation for failure to inspect records
80 times £11.44 equals £915.20p.
Add on the compensation for no written records
2 or 4 weeeks pay