Not-for-profit organisations warned about employment law breaches

Posted 25/04/2010

Thousands of workers in the not-for-profit sector could be in a position to make claims for unlawful deduction of wages, according to a trade union.

Unite said it has seen evidence that some charities are, perhaps unintentionally, breaching employment law relating to the national minimum wage.

It suggested that some employees at residential homes are not being paid for all the hours they work, due to confusion about whether time spent asleep should be regarded as work.

According to Working Time Regulations, if an employee who is staying over at a residential home has to be available to deal with emergencies, they are at work even if they are asleep.

Rachael Maskell of Unite said the position is clearly set out by case law, but that some employers in the not-for-profit sector are ignoring this and not paying staff the national minimum wage for shifts that include sleep-ins.

She added: “If the employer is not paying the national minimum wage a claim for unlawful deduction of wages can be brought.”

The national minimum wage for workers aged 21 and over is due to rise in October 2010 from £5.80 to £5.93 an hour.