Dodgy contracts & sub-minimum wage pay

An account and tips from a fellow ELT teacher

The TEFL Workers’ Union received this account from an online teacher who wanted to share their experience of dealing with a dodgy TEFL school.  The issues covered – unclear pay rates, dodgy contracts, confusing and contradictory statements from management – will be all-too-familiar to many of us in the industry.  But, as this worker rightly notes, we have rights and we shouldn’t take this treatment lying down. If you’ve suffered at the hands of dodgy TEFL bosses, it’s [email protected] for guidance and support. 

I accepted an offer from a European school run by a large company, teaching online English based on an hourly-rate British (zero-hours) contract. In the interview, it turned out that the true hourly rate was 12% lower as the advertised rate included holiday pay.

Then in the contract, there was a term that was unclear whether I would be paid for just class time or also time on class prep and admin. The school said in emails that the pay was for teaching time but I would also be expected to do class prep and a long list of admin tasks, especially at month-end e.g. students’ reports. They said that payment for this time came within payment for teaching time! In other words, all this extra work by teachers would not be monitored by the school and would be unpaid. They even recommended that I block out a period of admin time (unpaid) at the end of the month to ensure I got paid. 

Their training rate was specified and was less than the minimum wage of £9.50 for people aged 23+. Overall, I would say that that the contract allowed for the possibility – a realistic one I think – of being paid less than the minimum wage on average per month. There may also be arguments on the interpretation of the payment terms in the contract.

I queried the issues with the company and checked with ACAS (the UK employment rights free advice service). The school suspended the scheduled training and made it clear I was not welcome any more. I have decided not to start the job now.

I’m not an expert in employment law but the tips I would pass on from my situation are:

  1. Find out as early as possible if the school expects you to do class prep and admin work outside contact time with students. If they do, can they estimate how much time this would take per week or month, and if they pay for this time. 
  2. Make a decision whether you will query payment for this before you start and risk losing the job offer, or if you need the job too much and may want to wait to raise this issue once you’re a bit more settled in the job. 
  3. If a contract term does not seem clear when you read it, you’re entitled to query it. 
  4. Are hourly rates for all work in the contract e.g. class time, training, class prep, admin?   
  5. If you’re already on an hourly-rate British contract with a school that expects you to do unpaid work, you can keep your own records every week of the time you spend, including the time on time-recording! When you divide your gross pay by the total time on work tasks, does this come out at less than the minimum wage – see rates here and advice here
  6. If you were underpaid, when you leave the school, you could send the school these records and ask it to pay the shortfall.  
  7. You could also complain to the UK tax department, the HMRC, who may investigate and may be able to help you get back this shortfall. 
  8. You could get advice from a trade union or lawyers on payment terms in the contract if say, like in my case, they would be higher than the minimum wage. 
  9. You can also complain to any job agency that advertised payment details that you think are misleading though they would have no ability to get money for you.