is this legal?

popadom

If an employer says you have to come in 15 mins before work and leave 15 mins after(without pay) and its in a contract do you have to do it? can they sack you if you dont?


thanks

Jarndyce

How is it expressed in your contract?

vax2002

No contract can stipulate you work unpaid, slavery was abolished.

saintjammyswine

Although it may be so that you are "ready to work" at the time you start rather than rushing in the doors at 9:00 but not being ready until 9:15. Coat off, coffee on, toilet etc.

wombles_forever

You don't have to do it but if you don't then be prepared for them to go down the competence/timekeeping/disciplinary route and then you could be sacked.

If you have been with your employer less than 12 months then yes, they could dismiss you at any time.

As above you have to be settled and ready for work at the set time so this is why they ask you to do it.

SarEl

vax2002 wrote: »

No contract can stipulate you work unpaid, slavery was abolished.

Actually, yes it can. Slavery was only abolished for people who were not getting paid wages. Unpaid overtime can indeed be a contractual requirement, as can "you must be on the floor and ready for work at XX time". If unpaid overtime reduces the wage to a level below NMW then it would be unlawful to require it. But in this case it may not be unpaid overtime - an employer is entitled to say that you start work at 9am and finish at 5 pm and you will be at your workstation and ready to start at exactly 9, and you will remain there until 5 and not start packing up or leave until 5.

So yes - in theory you can be dismissed for breach of contract / timekeeping. Depends on the exact details, which are not in the post.

DCFC79

Employers can suggest you arrive for work 15 minutes before your shift starts, its to make your ready for work and dont turn up at 8 56 and spend ages going to the toilet or getting a drink which will take you into your working hours. RE the 15 minutes after you finish work i cant answer as the job that required we stay 15 minutes after end of the shift we were paid for it althoguht it would usually be half hour but we were paid for it.

popadom

Hi

Its not an issue i am having, but i have seen in ads for jobs stating i would have to be in 15 mins early before my shift so i could lay displays outs,clean up ect before 9am and after 5pm. I wasnt sure if it was legal as they werent paying you do it. I suppose if its under a year since you start they could just sack you. Bit unfair,but i suppose its life.

edit: i can understand you have to be ready for work by nine(so be in early if you want tea/take coat off ect) but im still not sure about say setting the displays up/cleaning. If you want tea /breakfast before work, i can understand you getting in early-its not the employer problem, but having to set things up before you work, i cant quite see.

birkee

My opinion would be, that it depends on whether you are paid by the hour, or by the week.
As above, the employer can expect you to be at your post ready to start work at the appointed time, and not stop until the actual finishing time. I've worked with many people who's first job every morning is a cup of tea and a chat, and are ready to leave the door at 1 minute to finishing time.
Probably depends on the type of work too. Production line, Office, shop, etc etc etc.

MoneySavingUser

My employer asks me to be there 10 minutes before work is due to start

also in some industries unpaid overtime is compensated by extra time-off at some other point

however I expect there are a lot of people who end up having to do some unpaid overtime for no extra reward as if they don't they might just be replaced by someone else

SarEl

Actually the legal position is pretty clear - unpaid overtime is only unlawful where the time worked would reduce the wage rate paid below the NMW - regardless of type of work or mode of pay. Not fair I know - but basically you have got it in one. If it is required and you don't want to do it then you don't apply for the job - or if you do you don't last. But such a contractual condition is, within the proviso I have stipulated, perfectly lawful. Some employers actually require a lot more unpaid overtime than half an hour a day - and can get away with it because it is contractual.