im being underpaid for several months and just found out, how my boss can pay me back without any of us get in trouble?

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AmitfromMultiplier@reddit

In the UK, tips can’t count toward the National Minimum Wage, so if your base pay was below the legal rate your employer has to correct it. The normal fix is to calculate the total underpayment for those months and pay it as back pay through payroll, so the correct tax and National Insurance are applied. Paying it informally (like cash) can cause bigger issues. When you speak with your boss, ask for the calculation of what’s owed and a payroll adjustment with updated payslips. If they refuse to fix it, you can get advice from ACAS.

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Think-Committee-4394@reddit

OP - serious advice BEFORE talking to boss **because the kind of boss that does that, is the kind who thinks they can fix it by firing you** - gather proof, make sure you have physical & downloaded copies of job offer inc wage, pay slips & anything on digital chat if they use WhatsApp or similar - make sure you get the other employees contact details because they won’t be doing this just to you - ACAS support & research the law on theft of wages - don’t use ChatGPT but do get advice on how to write a formal legal request that employer make good their error! & their response will show you how bad things are - make sure all the other employees do the same IF you can prove everyone is being short waged - be prepared that you may be job hunting, possibly it’s wise to find a new job & take this action timed with your leaving

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Exact-Treat-8062@reddit (OP)

Im not worried for new job I got some money saved up i can afford staying at home for a while, and thank you to all people that responded honestly.

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jimicus@reddit

Just to add to this: If your employer sacks you for this, I'm pretty certain that's automatically unfair dismissal. Which means you can sue your employer for that, too.

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Exact-Treat-8062@reddit (OP)

Yeah im pretty sure he wont i have nothing to lose but he has to lose potentially millions if goes bad for him i just wait for next day off i have to speak with acas and ask them how to proceed and can i ask for x2 the amount he stole for me and extra like that.

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geekroick@reddit

No. If your employer underpays you by a grand (or whatever) they're not going to repay you two grand.

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Nirnroot_Enjoyer@reddit

Gather as much evidence/proof as possible.. IE you have to be able to prove what you are owed, if you have any hope of actually getting paid. Next, approach your manager in a friendly nan casual way, asking to have a private meeting, because you need help understanding you paycheck etc... Once in private, explain that you " think you might have been paid incorrectly", and then eventually saying that it appears that you are missing wages/tips. If it seems to confrontational, then leave it at, "I'm going to have a look through my pay cheques, and double check. And then a few days later present the facts, and hopefully he'll sort it out privately for you. I don't see how it would need to be anything other than a private issue.

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UnIntelligent-Idea@reddit

As part of this, download and check the HMRC App to see what he's telling the Government about what you're paid.

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bondinchas@reddit

Cross check the HMRC record with your payslips. If there's any discrepancy at all, it will strengthen your case.

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dynasync@reddit

The simplest way is for your employer to calculate the exact shortfall and pay it to you as back pay through payroll. It should still go through normal payroll so taxes and NI are handled properly. Just be careful if they suggest paying it in cash off the books to “avoid complications.” That can actually create more problems for both of you later.

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Exact-Treat-8062@reddit (OP)

Yes, i will insist everything to be done probably for the books, we did actually received cash before covid but nothing after that, im speaking with acas on Monday to see my options, i feel like is so big i might not settle for nmw pay, he has too much to lose.

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OldLondon@reddit

I wouldn’t worry about your boss getting into trouble - they were stealing from you, you owe them nothing.

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whatmichaelsays@reddit

I'm going to go out on a limb here and say that this isn't an accident or oversight on the part of your employer. The regulation has been clear for a long time that you can't use TRONC / tips to "make up" minimum wage, and I simply don't believe any hospitality business owner doesn't know this. To that end, talking to him isn't likely to yield a result. The likelihood is you'll simply be managed out and he'll look for the next unsuspecting youngster who's desperate for a job. The form for reporting a potential minimum wage breach is here: https://www.gov.uk/government/publications/pay-and-work-rights-complaints

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Laescha@reddit

For your boss, this is super simple to fix - he just notes a correction on the payroll software and pays you extra this month. He won't get in trouble with HMRC because he's fixed it proactively. If you have a student loan and are earning enough to pay it, then getting backpay like this will mean you pay more on it than you would have if you'd been paid correctly to begin with. The bigger problem is that your boss was almost certainly doing this on purpose and is unlikely to just fix it voluntarily.

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Dr-Ben701@reddit

Join a union - companies will screw you over every chance they get

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Which_Implement8952@reddit

So basically your boss was stealing from you, say nothing speaking to you ACAS. Your boss knew what he was doing

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pajamakitten@reddit

They are not going to unless they have to because an outside agency forces them to. They are not going to do pay you properly out of the goodness of their heart.

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AnonymousTimewaster@reddit

Speak to ACAS. They give free employment related legal advice and this is highly, highly illegal.

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Exact-Treat-8062@reddit (OP)

! answer

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PracticeNo8733@reddit

I mean, that's their problem more than yours, but if they get it sorted before April 6th it'll probably be easier for everyone - income tax will work out the same (eventually) if they just stick it in your pay now. NI might well be different, though. Also, consider if it affected pension contributions (auto-enrolment etc).

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excitablegibben@reddit

Call ACAS before you talk to him. Wage theft is a big deal. Wage slips will be a big help.

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Dazz316@reddit

You aren't an accountant, seek advice of a professional accountant. Don't take legal and financial advice on reddit.

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im being underpaid for several months and just found out, how my boss can pay me back without any of us get in trouble?

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23 Comments

AmitfromMultiplier@reddit

Think-Committee-4394@reddit

Exact-Treat-8062@reddit (OP)

jimicus@reddit

Exact-Treat-8062@reddit (OP)

geekroick@reddit

Nirnroot_Enjoyer@reddit

UnIntelligent-Idea@reddit

bondinchas@reddit

dynasync@reddit

Exact-Treat-8062@reddit (OP)

OldLondon@reddit

whatmichaelsays@reddit

Laescha@reddit

Dr-Ben701@reddit

Which_Implement8952@reddit

pajamakitten@reddit

AnonymousTimewaster@reddit

Exact-Treat-8062@reddit (OP)

PracticeNo8733@reddit

excitablegibben@reddit

Dazz316@reddit

AutoModerator@reddit