Advice about doing extra unpaid hours

Gordie1975

Im looking fo a bit of advice for a friend of mine.

She started a new part time job 2 months ago.

She is doing 17 hours per week.

Shes been told she needs to arrive 15 mins before her shift starts, and the minimum time she has been kept back after her shift is 15mins as well, 3 times she has been there an hour after her shift, and she doesnt get paid for any of it.

Shes just new and doesnt want to rock the boat, apparently before she started one girl was always needing to stay back afetr customers left to ballance the books, but she complained and management aggreed it was unfair, and so now make everyone stay unpaid untill its all sorted so that it is equal:rolleyes:.

I dont know what to tell her, as we need the money from the job, and when she mentioned about it last week, the managers face twisted and she was allowed to go on time.

Anyway, some advice would be handy.

Thanks.

anewman

I would look at following the method of complaint for employers that do not pay minimum wage. I.e. £0 an hour is against the law as it is not the legal minimum wage. However I suspect when you complain they will see the minimum wage as the total paid per day divided by the number of hours worked, and so if the hourly wage is slightly above minimum wage there may be no grounds for complaint. (For example apparently it is legal to pay under minimum wage in the catering industry, so long as tips make up the wage rate to minimum wage.)

See http://www.hmrc.gov.uk/nmw/complaint.htm

ceridwen

I have the feeling that maybe the law has changed a bit re tips in the catering industry - I certainly know that at the least there is discussion going on at present re tips NOT being included in the NMW. Not quite sure whether its actually been made illegal yet to include tips in NMW.?

SomeBozo

ceridwen wrote: »

I have the feeling that maybe the law has changed a bit re tips in the catering industry -

The law has not changed. Employers can make up salaries to NMW using tips.

Its up for review but restaurants are up in arms about it.

Bozo

3plus1

Gordie1975 wrote: »

Shes been told she needs to arrive 15 mins before her shift starts, and the minimum time she has been kept back after her shift is 15mins as well, 3 times she has been there an hour after her shift, and she doesnt get paid for any of it.

Anything in her contract about overtime?

ladylumps45

hi, when i worked for a supermarket i had to be there 15 mins before shift started and by the time id cashed up my till it was another 15 mins after.
my manager told me this in my interview and i never thought to question it ,neither did other staff as it was assumed it was part of the job.

max2009

I am sure it is illegal to be on the work premises outside your working hours due to health and safety at work.

onlyforboards_2

ldavies wrote: »

My god, my employer would be in serious trouble if every member of staff worked to rule lol

On the flip side, as a manager of people, I like my team to be in 10-15 mins before the start of the day. this allows sufficient time to ensure that they are actually ready for work at 9am after making coffee, having a natter etc rather than in at 9 and ready for 9.10

This time is always repaid when it comes to doc/dentist/funerals and such

I'd rather take the time unpaid for medical appointments have my tea at home and be at my desk at my start time.
Also any other way leads to people feeling they are owed time.

Savvy_Sue

max2009 wrote: »

I am sure it is illegal to be on the work premises outside your working hours due to health and safety at work.

:rotfl: You may be sure, but you are wrong.

Your employer may have a health and safety policy which does not allow lone working on site, or does not allow staff not currently at work to be in certain areas, but there's no law against it.

You should not work while you are signed off sick, and your employer should not ask you to do so. They may not be covered by insurance if you at work when you shouldn't be. But there's still no actual law against coming in to drop off your sick note, for example.

surreysaver

max2009 wrote: »

I am sure it is illegal to be on the work premises outside your working hours due to health and safety at work.

Or technically it could also be trespassing if you are in non-public area!

surreysaver

ldavies wrote: »

I like my team to be in 10-15 mins before the start of the day. this allows sufficient time to ensure that they are actually ready for work at 9am after making coffee, having a natter etc rather than in at 9 and ready for 9.10

But you cannot force them to do that. They might like to have their tea at home. You can, of course discipline them if they are not ready for 09.00, but you cannot dictate when they get there. What if they come by bus, and one gets there at 07.55 and the next 08.55? You would expect them to be on the one that gets there at 07.55 and sit around for 65 minutes?