Page 7 - ELG2307 Jul Issue 485
P. 7

NEWS


          Statement from IH London                                               Official view of HMRC
          “An internal review has revealed that there   Response                 HMRC agrees that the following is in line
          were some errors in the job descriptions   Following the letter from the Gazette   with their policies:
          and the job adverts. This meant that the   outlining its investigation, IH London   1. Status of workers
          lowest  end of the YL salary  scale had   have made the following changes to   Staff cannot  be salaried hours workers
          been advertised against the maximum   jobs descriptions:               unless  they  have an  annual contract and
          number of hours. This gave the misleading   Teachers: The Normal hours have   are entitled  to an annual salary  paid in
          impression that our  organisation  was   been changed to “up to 48.” The   equal instalments throughout the year:
                                                                                   “If  you employ someone to work only
          not adhering to national minimum wage   lowest  effective  rate  of  pay  remains   during some parts of the year but you
          legislation. Our job descriptions and   £483.70. The maximum working   pay them an annual salary in instalments
          adverts have now been updated.       hours legally allowed at this rate before   throughout the year then they are a salaried
            “We can confirm that  all employees   overtime must be paid remains 47.5 for   hours worker.”
          holding the positions that  have been   21 to 22- year-olds and 46.5 for those   They are likely to be deemed  time
          identified are paid above the national   aged 23 and above.            workers and must be paid for all the hours
          minimum wage for the hours that        Activity leaders:  Hours  of work   they have worked at the end of the pay
          they work, and this is reflected in their   have been changed  to 42-48. The   period (weekly, biweekly, monthly etc.).
          contracts with IH  London  and the   effective rate of pay remains at   2. Time off in lieu
          payments that they receive.          £463.5 a week. Maximum hours      Time off in Lieu is not applicable in National
            “Regarding overtime, employees  are   allowable remain 45.5 a week for   Minimum Wage calculations. Workers should
          compensated for authorised overtime   those aged 20-21 and 44.5 for those   receive payment for all the time in that pay
          worked with time off in lieu. If it is not   aged 23 or over.          period. If they then take off that time later
          possible  to provide time off in lieu,   Student helpers: Effective Rates of   that can be deducted from their wage.
          overtime payment is granted for the   pay have been increased to £375.12 or   3. Authorised overtime
          additional hours worked. This is reflected   £311 (sic) after £63.70 net for offset is   Such contractual  obligations do not
                                                                                 override  workers’ rights to be  paid for
          in their employee contracts.         deducted. Hours for 18-year-olds are   all working time, including overtime at
            “IH London takes its legal obligations   given as “equivalent to 36 a week.”  National Minimum wage:
          very seriously and endeavours to ensure   References to working “such hours   “Contracts  for payments below the
          that their working practices  remain in   as are reasonably  required,”  have   minimum wage are  not legally  binding.
          line  with current  legislation and best   been removed.               The worker is still entitled to the National
          practice standards at all times.”                                      Minimum Wage or National Living Wage.”












































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        editorial@elgazette.com                                                                                 7
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