no breaks, long hours, no NMW, NOW TOO COLD?!

retrocircles

my employer is a farce. last month they withheld my wages, i work 9 hours straight with no official break. the only time i can really not work is when i'm physically eating. taking into account i don't get my stated hour break, i earn less than minimum wage. i'm frequently 'required' to stay up to an hour later, making my shift 10 hours. i should add none of this overtime is paid.

now on applying for this job, there was nothing mentioned in the job description about a 2 hour end of day 'warehouse data entry' part of the job. my job is office based, answering phones etc. but at 5pm i have to sit in an industrial unit basically doing data entry. they claim this is office based work, but the fact i'm sitting in a dirty, warehouse/industrial unit...?! i was fine with this until recently.

last night it was so cold you could see my breath. i'm provided with no extra clothes, gloves etc. after 20 minutes i couldn't feel my toes/feet. i spend 2 hours in these conditions, sometimes 3.

i've been taking the no breaks, pay holding, extra stress etc for the reason that we're in a recession and i need to pay my mortgage. but i've had enough, and i was in tears through the pain of being cold on the way home last night. i sat in front of the fire all night & it took me 2 hours to get warm.

what can i do? if it helps, i have no contract. :mad:

KimYeovil

I think you're lucky to have such an invigorating change of atmosphere. Most office workers are stuck in offices that are unbearably overheated. You are free to put on more clothing. They aren't free to strip naked.

(But if your employer is not paying the minimum wage then do contact the national minimum wage helpline on 0845 6000 678)

Fran

The hse.gov website has info about minimum and maximum temperatures.

You might find the acas website useful regarding contracts and work hours. It also has information about time off and rest breaks entitlement.

retrocircles

KimYeovil wrote: »

You are free to put on more clothing.

such as? i am required to wear office attire due to my job until 5pm. after 5pm i wear an extra jumper, coat, and second pair of socks. what else would you suggest? i cannot wear gloves as i am required to input data very quickly on a computer.

i could wear thermals, proper 'outdoor' gear - but do not own any, and given i'm not paid enough, or on time, i'm in no position to purchase any.

PasturesNew

1] You should have a 20 minute (unpaid) break after 6 hours max.
2] When doing the admin work in the warehouse the environment should be safe and over 60 degrees.
3] Although they don't have to pay you overtime, they do have to ensure that taking your total hours into account you are paid NMW

What does your contract/offer letter say about hours/pay/etc?

retrocircles

Fran wrote: »

The hse.gov website has info about minimum and maximum temperatures.

You might find the acas website useful regarding contracts and work hours. It also has information about time off and rest breaks entitlement.

how would you recommend passing this information onto an employer? the HSE link is superb. clearly stating lowest temperature should be 13 degrees. i can guarantee it's lower than that out in the warehouse.

i am worried by kicking up a fuss about the problems, and then the MD turning round & sacking me?! because i have no contract he will be within his rights to do that, surely?

retrocircles

PasturesNew wrote: »

1] What does your contract/offer letter say about hours/pay/etc?

i don't have a contract. MD seems to have thought this through!

Horace

How about getting some fingerless gloves - you can still do data entry whilst wearing them? I once worked in an industrial unit that was both office and warehouse all rolled into one, I used to get really cold and would wear leggings under my skirts (often longer skirts in winter), a vest under my top and fingerless gloves when it got too cold.

I would speak to ACAS and to the HSE - especially as you haven't received a contract from your employer.

liney

For what reason do you have to actually sit at a particular machine to do this data entry? Surely you can disk the work and upload it to the correct machine, or use log-me-in to work from your normal desk?

Are there other people still working in the warehouse when you are there? Are they complaining of the temperature, or is it more to do with you being used to the warmer office environment for the rest of the day?

Savvy_Sue

How long have you been there?

Not having a contract can work in your favour. Certain things are assumed: like the minimum holiday entitlement, breaks etc.

LittleVoice

retrocircles wrote: »

if it helps, i have no contract. :mad:

You do have a contract - however it may not be written but implied.

Though it is the law that your employer provides written particulars of your employment, it doesn't mean you haven't got a contract if the written information has not been provided.

However, it will be for the minimum statutory rights - eg currently 4.8 weeks(24 days if you work 5 days a week) paid holiday each year, one week's notice for each complete year of employment - up to 12 weeks (and one week after one month's employment in any case)