Am I Entitled To Minimum Wage?

[shortpaul]

I work part-time with no contract for a florist in my village. An informal arrangement was agreed to by phone at the latter end of last year to be paid at a rate of £8 pr hour.No hours are guaranteed, my 'hours worked per day' are simply dependent on the quantity of orders coming into the shop on that day; some days I may have 4 hrs work , others more. I work no more than 3 days per week. My employer operates the business 'by phone' from Spain where she lives. The pay rate is now below the minimum 'living' wage. Am I entitled to it under these circumstances and how can I enforce it?
Thanks for guidance.

[Rockrose]

It is my understanding that everyone is entitled to the minimum wage

[Rockrose]

https://www.gov.uk/national-minimum-wage-rates

[Zacs-Master]

You're effectively on a zero hours contract but yes. you should receive minimum wage or National Living Wage if you're over 25.
https://worksmart.org.uk/work-rights/pay-and-contracts/pay/i-have-zero-hours-contract-should-i-get-national-minimum-wage

The complication arises if your employer considers you to be self employed. Do you get a wage slip with an empolyee number on it?

[ToraToraTora]

yes I'd say you are entitled to minimum wage.

[drmorgans]

An employer can't claim you are self-employed just so they can pay you less than the minimum wage and avoid other benefits such as holiday pay.

[Zacs-Master]

It sounds like a very casual appointment, Dr m. If no contract exists, the employer could simply say they understood the person to be self employed.

[drmorgans]

I am not an employment lawyer, but my understanding is if you are told what to do and how to do it and you have to do the work yourself, then you're employed. I don't think the employer can avoid their responsibilities by not providing a contract.

[Mamyalynne]

Simple question first shortpaul - have you asked for an increase in pay and been refused?

[CrapAtCryptics]

You are only 21p short assuming you are an adult - if you arent paying tax / NI which you dont mention then you are better off - if you are there isnt much in it

[Zacs-Master]

Yes, Dr m. The deciding factor would be if shortpaul has to invoice for his money or it's just paid to him. An invoice could be deemed to be something as simple as shortpaul telling the 'employer' what hours he's worked that week / month.