Employer makes me arrive early to put on PPE unpaid: who helps?

Summary

If you must arrive before your shift to put on PPE, that time can count as working time. Whether it must be paid depends on two things. First, minimum wage: time you are required to be at work generally counts, so if the unpaid time pulls your average hourly pay below the legal rate, HMRC can make the employer pay arrears. Second, your contract: above minimum wage, it is a question of what your contract and normal practice say. ACAS explains both, a union can raise it collectively, and HMRC enforces minimum wage. Separately, the employer must supply PPE free of charge.

Key information

• Do the maths: total pay in a pay period divided by all hours you were required to be there, including PPE time. Compare with the current minimum wage rates.
• Employee: your contract sets paid hours. A new early start rule may be a change to your terms. See the related wiki on contract changes.
• Worker or zero hours: the same minimum wage rule applies. Since April 2022 the PPE duty covers workers too, not only employees.
• Agency worker: the agency pays you, so raise it with the agency as well as the site. ACAS has an agency workers guide.
• Self employed: minimum wage does not apply. Check your status first if you are unsure.
• Keep a diary: arrival time, time you were ready to start, who told you to arrive early, rota messages.
• You are protected from being dismissed or treated badly for asserting minimum wage rights, from day one.
• When to speak to a solicitor: you are dismissed or threatened after raising it, the back pay is large, a tribunal deadline (usually 3 months less one day) is close, or you think the rule targets a protected group.
• ACAS can: explain working hours and minimum wage entitlement for your contract type; suggest how to raise it informally or as a grievance; run early conciliation if you later want to make a tribunal claim. They will not tell your employer to pay, or bring a claim for you.
• HMRC can: investigate a minimum wage complaint. You can complain anonymously; order arrears for affected staff and fine the employer if pay fell below the legal rate. They will not enforce contract pay above minimum wage.
• A union can: raise early arrival as a group issue, which is safer than one person complaining; support grievances and, for members, often fund legal advice. They will not help with a problem that started before you joined, in many cases. Check the union's rules. Find one via the TUC.
• HSE can: enforce the duty to provide suitable PPE free of charge. They will not deal with pay for changing time.

Practical guidance

• Read your contract and handbook for start times and paid hours.
• Work out your real hourly rate including PPE time.
• Call the ACAS helpline to check your position.
• Raise it in writing with your manager, ideally with colleagues or your union.
• If pay falls below minimum wage, complain to HMRC via GOV.UK.
• If contract pay is unpaid, raise a grievance, then consider ACAS early conciliation before a tribunal claim.
• Free legal help: a Law Centre or Citizens Advice work pages.
• Ask the Shaman for the order that fits your contract type.

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