Need Advice

madamebelle

Hi

I work for a small business, and the owner seems to like to do everything as cheaply as he can. I need to know if things are legal and what i can do if they arent.

I work 9-5.30 except sundays which are 11-5. The rest breaks we get are a paid 10min tea break and an unpaid 20min lunch break. These are the only breaks we are allowed during the day. I work in retail and also work on my feet all day 9 times out of ten, they wont allow us to have a seat behind the till point as there isnt enough room for it.

The first aid kit is not complete and is not checked at all unless someone has a injury and they go to the cabinet where the first aid stuff is and then report it as empty, but they are told to just go and get plasters from the shop (we sell plasters) and write them off for shop use. There is no eye wash, barely a few plasters, maybe 1 bandage and one sling, no eye bandages.

The health and safety notice that is required by law for the company to have for employees to see, does not state a h&s rep actually has nothing on it to say that its the notice for our company, it looks tatty and the date is pre 2000.

He pays us minimum wage and thats it, no overtime extra or double time for working sundays/bank holidays. We are given all bank holidays that we work (are rota'd to work) as normal holiday.

Recently I have discovered that I am pregnant. Due to the nature of my job, heavy lifting, carrying ladders etc, I told my boss straight away. However I know he is supposed to carry out a risk assessment with me involved. This is yet to be done and there has been no talk of it. I am not allowed anymore rest breaks during the day and if i sit down for 5 minutes I am moaned at. After all I am "only pregnant"

2 of my colleuges have been laid off this week, one was a temp so he knew he was going at some point, the other was a full timer who had been there for over a year. This came out of the blue, we had no idea that it was going to happen. Both colleuges have been given the right notice but its nice of the owner to say to us employees we are having difficulties financially and we may have to let some go, so prepare us.

There is 2 managers (one was an old one who went on sick so a new one took over but the old one has come back and they are both in charge) and a supervisor, then the "staff" we staff are treated alot differently that the management, referred to as "they" and spoken about as if mere crap on their shoes. The new manager speaks to us like crap some days, and has publically called us monkies on facebook, though retracting it soon after and apologising saying it had nothing to do with us employees, hmmm is all i can say.

I have reported the manager to the owner and all i have got in response from the owner is well thats the way he is, basically like it or lump it nothing is going to change.

What do i do, i really like this job other than the bits i have "moaned" about. I just want to know im working somewhere safe.

MsHoarder

Just picking up one detail, double time on Sundays/bank holidays is not a legal right (although I think technically they need "volunteers" to work these unless you were recruited to just work those days). No overtime pay is illegal though as you are on NMW. Your actual pay for hours worked (not contracted) is not allowed to be below NMW.

Afraid they don't have to tell you if the company is in financial difficulty, and it would be poor business sense to do so as this may make the situation worse.

If you must have your employer on facebook, you might want to screengrab anything incriminating in the future to show to the owner...

Googlewhacker

madamebelle wrote: »

Hi

I work for a small business, and the owner seems to like to do everything as cheaply as he can. I need to know if things are legal and what i can do if they arent.

I work 9-5.30 except sundays which are 11-5. The rest breaks we get are a paid 10min tea break and an unpaid 20min lunch break. These are the only breaks we are allowed during the day. I work in retail and also work on my feet all day 9 times out of ten, they wont allow us to have a seat behind the till point as there isnt enough room for it. All above board

The first aid kit is not complete and is not checked at all unless someone has a injury and they go to the cabinet where the first aid stuff is and then report it as empty, but they are told to just go and get plasters from the shop (we sell plasters) and write them off for shop use. There is no eye wash, barely a few plasters, maybe 1 bandage and one sling, no eye bandages. Why not offer to take responsibility for this then?

The health and safety notice that is required by law for the company to have for employees to see, does not state a h&s rep actually has nothing on it to say that its the notice for our company, it looks tatty and the date is pre 2000.

He pays us minimum wage and thats it, no overtime extra or double time for working sundays/bank holidays. We are given all bank holidays that we work (are rota'd to work) as normal holiday.Again perfectly legal and if you don't like it maybe look for another job?

Recently I have discovered that I am pregnant. Due to the nature of my job, heavy lifting, carrying ladders etc, I told my boss straight away. However I know he is supposed to carry out a risk assessment with me involved. This is yet to be done and there has been no talk of it. I am not allowed anymore rest breaks during the day and if i sit down for 5 minutes I am moaned at. After all I am "only pregnant" Put the risk assessment request in writing.

2 of my colleuges have been laid off this week, one was a temp so he knew he was going at some point, the other was a full timer who had been there for over a year. This came out of the blue, we had no idea that it was going to happen. Both colleuges have been given the right notice but its nice of the owner to say to us employees we are having difficulties financially and we may have to let some go, so prepare us. Why would he tell you the ins and outs of the business, its not any of your business until he stops paying you really.

There is 2 managers (one was an old one who went on sick so a new one took over but the old one has come back and they are both in charge) and a supervisor, then the "staff" we staff are treated alot differently that the management, referred to as "they" and spoken about as if mere crap on their shoes. The new manager speaks to us like crap some days, and has publically called us monkies on facebook, though retracting it soon after and apologising saying it had nothing to do with us employees, hmmm is all i can say. Raise a grievance but this is always better done with numbers on your side

I have reported the manager to the owner and all i have got in response from the owner is well thats the way he is, basically like it or lump it nothing is going to change.

What do i do, i really like this job other than the bits i have "moaned" about. I just want to know im working somewhere safe.

Put your safety first but if you can hold on till you can go on maternity then would this not be the better option?

If you don't think you can then maybe look at a new job.

stephyt23

I agree with the poster above about maybe looking for another job. Maybe look for one when your on maternity leave.

As for a risk assessment take a look at this website: http://www.hse.gov.uk/pubns/indg373.pdf which gives you details on what you and your employer should be doing. They should definitely be doing a risk assessment, especially as you've said you do lifting.

xangeleyes

For a First aid box in the workplace, there is no mandatory list of contents for first-aid boxes. Deciding what to include should be based on an employer's assessment of first-aid needs.

Workers CANNOT be made to work over 48 hours per week either, so if you're told to do overtime and it exceeds this, you are within your rights to refuse.

The rest breaks are decided by you and the employer, you are entitled to at least 20mins break if you're expected to work 6hours at a stretch.

If you work in a shop or in the betting industry (either at a betting shop open to the public or a bookmaker at a sports venue) you have special rights. You can opt out of having to work on Sunday even if your contract says you have to. Your employer has to tell you about this right within two months of hiring you. These rights don't apply if you're employed to work on Sundays only. If you want to opt out, you should give him written notice 3 months in advance.

xangeleyes

Also, you're employer doesn't have to do a risk assessment until he has written notice/proof that you are pregnant, so get a note from your doctor or midwife.
The assessment will decide things like if you'll need more breaks or to sit down more often. Esspecially if you have any pregnancy sicknesses like pre-eclampsia, or a history of miscarriages.

You are entitled to PAID time off work for antenatal appointments. There is no legal definition of antenatal care. It can include medical consultations with a GP, midwife or at hospital. It can even include parenting and relaxation classes, providing this on the advice of your GP or midwife.