Unfair working payment. illegal??

4743hudsonj

ok hi everyone

im a regular poster on some of the other mse forums but never been on here

ok so i work part time in a subway store:(

how crap i know

i work probably about 20 hours a week

they run on a system of clocking in and out on the computer to determine your hours

now my problem is that i work evenings regularly, the store closes at 8 and this leaves us half an hour to get everything spotless and put away, washed up, preped etc

at half eight precisely they stop paying you even if you are not clocked in saying that they feel this is enough time to do the required work

now my issue is that with two of us working(this is 1 less than reccomended to be working) this time scale is immpossible to meet no matter how fast you work. I always end up leaving around 9 or even later.

I know this is only half an hour but still, its really annoying as i only get minimum wage and its a crap tiring job anyways so why should i stay and work extra?

the only reasons that prevent me from leaving at 8.30 as my rights would permit is that the other worker is in the same position as me and i feel selfish leaving him to do all the work (we cant just leave the shop unlocked and dirty etc) and also the fact that they are looking to sack one worker due to slow business and seeing as we have been there under a year, i fear that complaining will get me sacked (and of course they will just say its because of slow business).

So my questions are as follows

What do you personally think of my situation?

Can they legally do this using the clause that they think its acceptable?

What do you think i should do?

What regulating body can i report this to to get help if any?

sorry for the long post

i just got from 1 and a half hours of unpayed work!:p

whitewing

Hi,

Don't know the answers, but contact ACAS in the morning:
http://www.acas.org.uk/index.aspx?articleid=1410

4743hudsonj

whitewing wrote: »

Hi,

Don't know the answers, but contact ACAS in the morning:
http://www.acas.org.uk/index.aspx?articleid=1410

thankyou, i will do that:)

any other advice from others though

i like to be sure:)

getmore4less

If two people are doing the work of 3 and business is slow start the cleanup early and try to make less mess during the shift.

work smarter not harder

Getting rid of another person makes the problem worse for those left

If you are contracted to 8:30 then that could be an issue if you chose to stay.

Is the boss there and ensuring the work is done, if the time system records the actual hours then you may be able to put in a claim for illegal deduction of wages.

If you are on minimum wage then by you working more hours you are actualy working below minimum wage there are rules about this.

Don't have a link to hand.

Keep record of all your hours in case you make a claim there may be back pay.

surreysaver

If you are on minimum wage and you are working overtime for free, then you are actually on less than minimum wage, which is illegal. If they say half an hour is enough time, then just clock out and leave after half an hour.

Oldernotwiser

Two people can do an enormous amount of cleaning in half an hour, particularly if they're able to start some things a bit earlier if business is slow.

-BA-

Oldernotwiser wrote: »

Two people can do an enormous amount of cleaning in half an hour, particularly if they're able to start some things a bit earlier if business is slow.

Not when the work is intended for 3. Staff number profiles are there for a reason. So many managers choose to ignore this, citing poor business. Perhaps they should create better marketing strategies, it is after all part of their role. No one chooses to stay 30-40 minutes after work to complete their duties because "Two people can do an enormous amount of cleaning in half an hour" and they just haven't worked hard enough.

With customer facing business, especially food related, it can be very difficult to actually start tidying up early. Too many factors effect this, a late rush of customers, negative image tidying up early portrays, management may in fact discourage or ban it.

As per another post here. Is this manager on site also? The term mucking in springs to mind or perhaps they don't like to get their hands dirty? When staff numbers are down, managers shouldn't hesitate to get in the thick of it and lend a hand. There is no greater justification for a manager needing an extra member of staff than stating they are having to muck in.

Oldernotwiser

-BA- wrote: »

Not when the work is intended for 3. Staff number profiles are there for a reason. So many managers choose to ignore this, citing poor business. Perhaps they should create better marketing strategies, it is after all part of their role. No one chooses to stay 30-40 minutes after work to complete their duties because "Two people can do an enormous amount of cleaning in half an hour" and they just haven't worked hard enough.

I didn't mean to suggest the OP wasn't working hard enough but that there are ways of working that someone who would be employed as a cleaner would use, which might be worth the OP learning.

Cleaners in the tourist trade frequently have to turn round 3 bed caravans in half an hour, with only 2 people working!

4743hudsonj

ok i see some people are giving negative feed back saying to work smarter etc

i thank others for defending me

basically at closing we need to take out all of the food in the baines (the cooling holders) look for dates and put it in the fridge, we also need to do a full stock count of breads that includes counting 200 ish breads separate and a few boxes of breads, we also must wash, rinse and sanitise lots and lots of washing up (this takes 20 mins usually) we also need to cash up and fill out all the things on the computer, we need to make sure the customer area is spotless and the counter and back area too, this means scrubbing the floor and then mopping it, we also need the baines to look spotless and all of the cooking things.

that is a list of things that MUST be done AFTER closing

other stuff that should be done before is often not done by others as they have the mentallity of "we will do it later" but this just means i will do it later when i should be doing other stuff ready for close so often my above list is the bare minimum to do and i have lots of food prep to do, bread sorting to do, temp checks to do, window cleaning etc

its is a 3 ppl job doing the bare minimum, and a 4 person job with all the added work

and the issue with keeping my hours clocked is that the problem is one guy who i worked with, when he cashes up he is required to clock me out (so i actually lose even more pay:mad: and then throws out the clock out sheet telling us how long we worked even when i ask him not to!

i shall call acas after work ad see what they say


thankyou some of you though, you have been very understanding

if i were a manager and payed more i would expect it to come with the job but not as a minimum wage basic worker

Ewarwoowar2

If you're earning less than the minimum wage (when the extra half hour is taken into account) consider reporting them anonymously to the Government. See here:

http://www.hmrc.gov.uk/nmw/#d

4743hudsonj

Ewarwoowar2 wrote: »

If you're earning less than the minimum wage (when the extra half hour is taken into account) consider reporting them anonymously to the Government. See here:

http://www.hmrc.gov.uk/nmw/#d

thankyou

who do you think i should complain about

Subway r the franchise

im not actually sure who i am employed by?

i signed contracts from both