Problems with boss and working hours!

Wkdwill

DH worked for company through an agency for a few months, when he had enough of the agency not paying wages properly he told the company and the boss said he would be happy to take him on permanently.

Job was made for him, contracted to 47 hours per week, 6am start, usually finishing between 2pm and 3pm and then working a few hours on Saturday mornings.

All was great for about 6 weeks, then the company started taking on more contracts, that they didnt have enough staff to cover. Company set on 3 new drivers and one new butcher, 2 of the drivers have gone, one sacked and the other quit today.

Since the contracts were taken on DH's hours have been changed to 5am start and could finish anytime between 3pm and 5pm. He isnt allowed to take any holiday until September because he has to cover everyone else who has holidays, he has now been told the bosses want to change his hours to 4am while 2pm, although they say there is no guarantee he will actually finish at 2pm everyday.

All this on minimum wage.

He doesn't get bank holidays off, it says in his contract that he gets time in lieu, which he can never take has he is always needed at work.

DH and I have both had enough now, hes been working 60 hours a week the past 2 weeks and when he finished on Saturday, because he was rushing to get home, the boss had a go at him, DH said I have a family at home to see, I didnt have kids to never see them, his boss said you didnt get a job to not work. What part of the 120 hours hes done in the last 2 weeks has he not worked!!

Is a 4am start classed as unsociable hours, can he request a higher pay?

Is there anything at all he can do?

Im going to have a look through his contract now but im not clued up on this sort of thing and was looking for any advice at all.

Thanks

shellsuit

Check the contract first, that should tell you all you need to know.

It sounds awful for him though, hope he can get something sorted x

Wkdwill

shellsuit wrote: »

Check the contract first, that should tell you all you need to know.

It sounds awful for him though, hope he can get something sorted x

Thanks, I sometimes feel like we should be greatful he has a job as he did struggle for a while and no doubt a lot of other people have too, but they really are starting to take the pee now.

Its worse because he has been working on an injured foot for the past 2 weeks.

pippitypip_2

Has he signed a waiver to work more than 48 hours a week? See Working Time regulations:
http://en.wikipedia.org/wiki/Working_Time_Directive
http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10029426

You might also find this useful - night time working:
http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10028519

hth,
pippitypip

lynzpower

JDturk, seems that he is employed directly by the employer?


He could raise a greivance or of course, as per your sig "ask ACAS"

Wkdwill

I dont think he did sign a waiver to work more than 48 hours, im sure he would have told me if he had.

His contract says

Remuneration
Your salary is as detailed in your letter of appointment, as revised from time to time. Payment for individual days are pro rata for any part thereof. This also applies to any days agreed as holidays. You will be paid Monthly in accordance with your letter of appointment. Your pay advice will show your basic rate of pay, any statutory or voluntary deductions and the amount of your net pay.

This letter of appointment they mention is something DH has never had. He doesn't get paid Monthly he gets paid Weekly although this isnt a problem for us. His pay advice doesn't show his basic rate of pay or even the amount of hours hes worked, it says:


Salary 1.00 292.9000 292.90


then shows his deductions and net pay.

Hours of work
Your basic hours of work (exclusive of lunch breaks) are variable according to the shift patterns; however, you will be notified of your shifts in advance. Your specific hours of work and details of meal breaks will be as defined by your manager in accordance with opperational requirements. Employees are expected to be co-operative in working outside their normal hours, as necessary, to cope with varying situations and workloads.

He isnt notified of his shift patterns at all never mind in advance, he gets there at 5am every morning and doesn't know what time he is finishing until he has finished.

Overtime
Overtime may be necessary from time to time and you will be expected to co-operate when requested to undertake it. Overtime is calculated after you have completed your normal working hours and will be paid at the current basic rate.

DH did used to enjoy working for this company but since all the new contracts came in, he doesn't want to go anymore, its the same for a lot of his work mates, as it is putting a strain on marriage and home life for a lot of them, all the overtime, not knowing when your finishing etc.

As for holidays it says in his contract No more than two weeks' holiday entitlement may be taken at any one time except in exceptional circumstances. The problem with this is, a lot of the drivers are Polish and are taking a month off at a time to go back home, like this week one finishes for a month after today and as soon as he gets back another 2 are taking a month off, which is making it impossible for DH to get time off as he has to cover everyone as well as get his own work done.

shellsuit

I'd be asking why people are being let go off for a month when he can't even have a week!

I would not be happy with this, no way.

Tell him to get onto ACAS (Google ACAS for the number) and see what advice they can give.