Suffering from employer misconduct?

Musie

Hi,

I'm after some advice regarding the way my employer treats its employees, and if at all there is something I can do about it.

I work in a relatively busy independent cafe in a city centre. A few things recently have bothered me with how my employers practice, and many were highlighted today with a list of what I'd describe as staff rules. One bullet point reads as follows;

"Staff are paid half an hour extra for cleaning. Cleaning must be achieved within this time. Extra time will not be paid."

There are also bullet points that say we cannot begin to start cleaning down the cafe until 30 minutes before closure, meaning that we have a maximum of one hour to clean or we have to do it in our own time. This was a problem in the past as well and when people finished their shift at the time stated, meaning some things were not done/finished, the employer would issue an unofficial warning.

Can my employer do this? Especially as we can prove what time we finished.

I am also responsible for writing the rotas. I am paid an hourly wage and was expected to write the rotas for the upcoming month during my own time. Are they allowed to ask me to do that?

A member of staff was recently fired for calling in sick on one of her shifts. She was not issued ANY warnings and dismissed without notice. She had also been employed for over 6 months. Is this unfair dismissal?

Many members of staff have not recieved contracts despite being employed for over 2 months. How can this be resolved?

Will contacting the city council be a worthwhile action step to take? Or a waste of time?

Thankyou for any help!

Googlewhacker

Musie wrote: »

Hi,

I'm after some advice regarding the way my employer treats its employees, and if at all there is something I can do about it.

I work in a relatively busy independent cafe in a city centre. A few things recently have bothered me with how my employers practice, and many were highlighted today with a list of what I'd describe as staff rules. One bullet point reads as follows;

"Staff are paid half an hour extra for cleaning. Cleaning must be achieved within this time. Extra time will not be paid."

There are also bullet points that say we cannot begin to start cleaning down the cafe until 30 minutes before closure, meaning that we have a maximum of one hour to clean or we have to do it in our own time. This was a problem in the past as well and when people finished their shift at the time stated, meaning some things were not done/finished, the employer would issue an unofficial warning.

Can my employer do this? Especially as we can prove what time we finished.

I am also responsible for writing the rotas. I am paid an hourly wage and was expected to write the rotas for the upcoming month during my own time. Are they allowed to ask me to do that?

A member of staff was recently fired for calling in sick on one of her shifts. She was not issued ANY warnings and dismissed without notice. She had also been employed for over 6 months. Is this unfair dismissal? It maybe unfair but without one years service there is nothing she can do about it unless the dismissal was for upholding a statutory right or discrimination in the eyes of the law which you don't mention

Many members of staff have not recieved contracts despite being employed for over 2 months. How can this be resolved? Ask for them?

Will contacting the city council be a worthwhile action step to take? In what regards, I can't see it helping you and only alienating you further from your boss. Or a waste of time?

Thankyou for any help!

Doesn't sound like a great place to work and you might want to start looking for another job.

As for the time, if the boss feels ths is adequate unless you are constantly going over then it is adequate. However if you are going over then maybe ask for training on how to get everything cleaned on time?

getmore4less

"Staff are paid half an hour extra for cleaning. Cleaning must be achieved within this time. Extra time will not be paid."

There are also bullet points that say we cannot begin to start cleaning down the cafe until 30 minutes before closure, meaning that we have a maximum of one hour to clean or we have to do it in our own time.

This needs a basic T&M study to see if it reasonable.

My though is clean down are a specific set of tasks that can be quantified from a known state. (presumbably clean set up and ready for business and no customers).

Pleny of jobs that can be done outside the 30mins that can make sure that the clean down is efficient as possible.

Say one of the clean down tasks is clean the floor, the dirtier this is the longer it takes but cutomers expect a clean floor anyway so any meesy areas can be cleaned as part of normal business.


The obvious solution is to rota the boss to close the cafe.

Doing the rota should be paid is there not enough quiet time to do the rota over during the current cycle.

The dismissed employee should have been paid notice and outstanding holidays they need to put in a claim for those.

Musie

The contracts have been asked for, which I should have mentioned! And I do believe that after 2 months of employment you are entitled to an outlining contract?

The boss chooses which shifts they want to work and since opening 2 years ago has never done a close.

getmore4less

Musie wrote: »

The contracts have been asked for, which I should have mentioned! And I do believe that after 2 months of employment you are entitled to an outlining contract?

The boss chooses which shifts they want to work and since opening 2 years ago has never done a close.

So the cleanup should not be a problem just do what needs doing and start as soon as needed once the boss has gone.

Googlewhacker

Musie wrote: »

The contracts have been asked for, which I should have mentioned! And I do believe that after 2 months of employment you are entitled to an outlining contract?

The boss chooses which shifts they want to work and since opening 2 years ago has never done a close.

Yes you are entitled to written terms of contract but at the end of the day unless you take the employer to a tribunal for some other reason you can't do alot about it.

If you do take them to a tribunal then you can add the lack of details to the claim.

Hammyman

Just a point: Friend of mine has a cafe as part of his amusement arcade. I've been there when cleaning up prior to closure is taking place. If the members of staff cannot clean a cafe in an hour, they need to be shown their P45s. It isn't hard. There shouldn't be that much to do behind the counter as you're supposed to keep it clean throughout the entire trading day. The kitchen, if there is one, will have closed for orders 30 minutes before the end of trade and I know in the 80 seater restaurant I worked in, at the end of a 14hr day it didn't take an hour to clean.

In short, I fail to see what complaint you have. You are being given ample time to do the job. However if people don't pull their weight and its not organised, then you'll have problems.

teabelly

If you're only paid minimum wage it would be illegal to make you work extra hours unpaid. If pay is close to NMW then you'd be limited in how much time you could do unpaid.

If you can't clean up in an hour then that is pretty hopeless. Doesn't take long to blast over a few tables and sweep a floor! A cafe should be kept clean during the day anyway. I'd expect tables to be cleaned after every single different occupant. If this isn't being done then it's bad practice.

KiKi

Musie wrote: »

"Staff are paid half an hour extra for cleaning. Cleaning must be achieved within this time. Extra time will not be paid."

I guess this depends on what is meant by cleaning. If it's sweeping, washing the floor and cleaning tables, yes. If it also means cleaning out the coffee machine, washing up all cooking utensils, cookers, hobs, bain-maries, cleaning out each food container before clingwrapping it and putting it away etc and there's only one of you, then half an hour may be unreasonable. You should really test this out properly and tell your boss what you've found - and not do anymore than you can in the half hour.

There are also bullet points that say we cannot begin to start cleaning down the cafe until 30 minutes before closure, meaning that we have a maximum of one hour to clean or we have to do it in our own time. This was a problem in the past as well and when people finished their shift at the time stated, meaning some things were not done/finished, the employer would issue an unofficial warning.

I'd recommend you give him a list of things that you have to do to clean. Note down how long each one takes. Show it to him and ask him if each individual thing is unreasonable. If it takes longer than half an hour, hopefully he'll see sense.

I am also responsible for writing the rotas. I am paid an hourly wage and was expected to write the rotas for the upcoming month during my own time. Are they allowed to ask me to do that?

No, you should refuse to do unpaid hours outside of work time, esp if you're only on NMW.

A member of staff was recently fired for calling in sick on one of her shifts. She was not issued ANY warnings and dismissed without notice. She had also been employed for over 6 months. Is this unfair dismissal?

'Unfair' in principle and 'unfair dismissal' (in the law) are two different things. This may be mean, but it's not unfair within the law unless she had been employed for more than 12 months, or for a discriminatory reason (gender, race etc). Neither applies here, so unfortunately she has no comeback.

Many members of staff have not recieved contracts despite being employed for over 2 months. How can this be resolved?

You don't actually have to have a contract - by working there a contract is implied, and by taking the job you have agreed to its terms even though you don't know what they are! He is, though, by law, to give you a written statement of your main terms of your contract within 2 months of starting work.

Will contacting the city council be a worthwhile action step to take? Or a waste of time?

Thankyou for any help!

Waste of your time - but the https://www.direct.gov.uk website will be an excellent source of employment information for you.

KiKi