Am I being underpaid by my boss ?

James2829 said:
And with the time being of sick I couldn’t physically work due to serious chest pains and being rushed into a&e from the site they advised me to take time of and rest but he was on my back constantly trying to guilt trip me into coming to work and ignore my doctors note
Click to expand...

Tell him to sling his hook!! Imagine he was the one with chest pains, would he be so flippant and uncaring?

He obviously has £££ signs in his eyes and does not give two shiits about your personal wellbeing. Let him find another donkey.

Everyone needs to make a living, but your health is far more important.
 
James2829 said:
start getting angry
Click to expand...

Sounds like a right Rsole.
Let him get angry. What can he do? Tell him that you bear responsibility as the driver and that if there was an accident, the shiit would fall from a great height, not just on you, him too!

Are you a union member?
 
securespark said:
Sounds like a right Rsole.
Let him get angry. What can he do? Tell him that you bear responsibility as the driver and that if there was an accident, the shiit would fall from a great height, not just on you, him too!

Are you a union member?
Click to expand...

No I’m not a union member I would t even no where to begin with that to be honest
 
Who needs worker rights?

Looks like your being exploited based on what you have written.
 
James2829 said:
And the forklift saga is like another guilt trip-me I have refused before to drive it because I didn’t feel safe and trusting myself to drive the machine on that day because they didn’t do enough work because we didn’t have a forklift driver on site even though I was their from 7:30 am -5:30pm I only got paid for half a day I don’t lnow if it seems like I’m moaning about it but I don’t think that’s fair ?
Click to expand...

I have a forklift training guy come in to us, he costs about £250+vat and can train up to 3 people in a day. Thats for a counterbalance forklift unloading from delivery lorries. Your training maybe more involved.

Your boss is taking a serious risk having you use a forklift without a license. One accident and HSE will prosecute him. He could be looking at a £50k fine for a serious accident.

Building sites have a bad reputation for forklift accidents, they are often on uneven ground and lots of contractors and vehicles moving about all the time.

Does your boss have an up to date Loler certificate for the forklift?

my advice: get another job.

If you are off work at the moment, when you are a bit better, before going back to work, have a drive around your local area, call into a few building sites and ask if anybody is looking for a labourer. Or call into your local builders merchants and ask if they know anybody looking. There is so much construction work around, it wont take you long to find something.

Do your research though: find a decent company to work for, dont end up with another crap boss!
 
James2829 said:
hey guys
I was just wondering if I am by any chance being underpaid by my boss
I am a labourer for a 2-1 bricklaying gang I work hard all day that we never stop and have a break because he kicks up a fuss about it I get paid about 280 a week after tax he’s never told me how much I earn a day either I have asked but he always avoids the question I drive the forklift on site even though I don’t have a license to do so I get paid no extra to do this either I point up mix up move brick blocks mix up clean up when I can I’m self employed so I don’t get holiday pay
I suffers with severely bad chest pains that I was rushed into hospital from the site I was working at and advised to take 2 weeks of work to recover but for the 2 weeks I had of I was being constantly hassled being told to come into work even though I physically couldn’t I just want your guys opinion please on what you would do ?
Thanks
Click to expand...

James

What part of the country are you?

Welcome to DIY


Bod
 
You know if there's an accident you'll have the HSE on YOU and you'll be in court, right? If you think telling you boss to get f u cked is hard, try telling a judge "Guilty, m lud"

Nozzle
 
With the way Universal Credit is if he leaves his job voluntarily then he can't claim it?

This is why you need a proper safety net or unscrupulous bosses will take advantage of people like James.

Getting another job is easier said than done. I'm sure it's crossed James mind to change jobs.

I'd have a mind calling HMRC and exposing the boss. It's bosses like him who undercut the ones which look after their employees.
 
If your employer has to provide work for you personally, which you can't turn down, on a regular basis, says when and where the work is to be done, supplies the tools or other equipment, pays tax and NI on your behalf, and can subject you to a disciplinary procedure if you don’t follow the rules or if your performance is ‘unsatisfactory’, then you are almost certainly an employee.

Since you've been working for him for 2 1/2 years you have a claim for holiday pay and have the right not to be unfairly dismissed. If the above is not true, you may be a worker and therefore have less rights.. You are still entitled to minimum wage.

It doesn't matter how much he tells you, you are self employed, if you meet the above criteria then he's employing you. If not you are free to find another builder to work for and perhaps gradually phase out working for your current boss.
 
The HMRC would interpret you as being employed on PAYE (and in which case, your boss would have to pay employers NIC, have you on a payroll, you would be entitled to holiday pay and other employment rights. He would also have to do pension contributions.)

but since you say you are 'self-employed' then you are almost certainly paid under the CIS scheme.

If you are self employed, then you have to give him an invoice, he must validate you on the HMRC site and you must be registered as CIS subcontractor.

If you are CIS, you should receive a monthly statement.

The majority of construction workers are self employed, I dont see the HMRC being that bothered now that they get their CIS deductions. Very few are on the payroll. I now numerous builders, none of them actually employ any staff. Who would want to?
 
Actually I am incorrect in saying the majority of construction workers are self employed.

What they actually are from an HMRC perspective is a subcontractor under the CIS scheme.

Almost all of the construction trades fall within the CIS scheme, so if you are a self employed construction worker the only way you can be self employed is either work directly for private clients or be CIS registered.
 
You must log in or register to reply here.
Back
Top