Pontypool coach driver gets payout in wage dispute

South Wales Argus: WAGE DISPUTE: Coach driver Paul McClelland WAGE DISPUTE: Coach driver Paul McClelland

A COACH driver who realised he was not being paid the minimum wage after watching a TV documentary has won compensation.

Paul McClelland suspected he was not being paid enough while working at Jenson Travel in Pontnewynydd near Pontypool after he saw a BBC Panorama programme about changes to the national minimum wage in October last year. Mr McClelland, 39, from Old Cwmbran, worked as a coach driver at the firm, owned by Gwyn Jenkins, from February 2009 to October 2011, during which time the minimum wage rose from £5.73 to £5.93.

He told the Argus: “I went to the Citizens’ Advice Bureau and got a solicitor.

They then got me a barrister and took it to court.”

The employment tribunal ruled in Mr McClelland’s favour and found that, for certain periods of his employment, he had been paid just £4.76 an hour.

In his ruling, employment judge Wayne Beard said Mr McClelland earned £250 per week at the company, but that his hours often varied with the rate of pay remaining the same.

He said: “On a school term week the claimant would generally work 52-and-a-half hours for £250 gross pay.

Therefore the claimant was in receipt of £4.76 per hour for a normal week.”

He said: “On my findings it is likely that the claimant was not paid the national minimum wage throughout the period of his employment.

“However I have insufficientmaterial to evaluate the number of hours which the claimant worked during each of the pay reference periods in question. This matter will have to be dealt with at a remedy hearing.”

At the remedy hearing, held at Caradog House in Cardiff yesterday, both parties agreed a settlement and signed a confidentiality agreement, paying out an undisclosed sum.

The Argus contacted Mr Jenkins but he declined to comment.

Comments (2)

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2:41pm Tue 23 Oct 12

ncfcr says...

Disgusting that people actually going out and working are treated like this. No wonder some people choose the easy path.

I wonder how this company plans on dealing with the forthcoming auto-enrolment requirements under new legislation (lol?).
Disgusting that people actually going out and working are treated like this. No wonder some people choose the easy path. I wonder how this company plans on dealing with the forthcoming auto-enrolment requirements under new legislation (lol?). ncfcr

5:19pm Tue 23 Oct 12

jaxon200883 says...

absolute disgrace,very pleased mr mcclelland took the company to court and got every penny he earned,companys like this need to be named and shamed.
absolute disgrace,very pleased mr mcclelland took the company to court and got every penny he earned,companys like this need to be named and shamed. jaxon200883

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