Unpaid over time and contacted hours, is this legal?

Fhler

I have recently started a new job where I am contracted for 8 hours. I have just seen the rota where I am working 18 hours a week, which is very difficult for me to do as I have another part time job and other commitments. This is due to them not taking on enough staff to cover the shifts. They are aware I have another job and cannot work certain days yet insist on putting me on 5am starts when I only finish work at 11pm the night before. I have to continually tell them I cannot do these shifts. I can infact only do my 8 hours a week, where do I stand with this?
I received my contract but have not yet signed it. I read in it that it states the 8 hours are my minimum hours but this may change to reflect the needs of the business.
i have worked two 9-6 shifts for them, the first i worked an extra 45mins, there was no mention of being paid for this and we were not even asked if we could do it, it was just expected.
the second shift i agreed to come in an extra 30mins to help, was only given a 30min lunch break and as 6pm arrived the tasks kept on coming so i politely told them i would be leaving on time as i had someone waiting to give me a lift home.
this was not taken well and the manager went off in a huff.
is unpaid over time legal considering i am paid hourly? can i request to only work my 8 hours?
thank you:)

jess1974

I'm sorry i have no helpful advice, but i wanted to give you my sympathies, i've just started working in a small supermarket and am contracted for 3 hours a week on a friday evening, however they ring me constantly asking me to work other shifts, usually saturdays and sundays, the reason i applied and accepted the job is because i thought it was just for a friday, now i find its knackering up the whole weekend.......

zzzLazyDaisy

1 Yes it is legal

2 It doesn't matter if you haven't signed the contract, if you continue to work for them after receiving the contract, you are deemed to have accepted it by your conduct.

3 You have less than one year's service, so they can terminate your employment for any reason or no reason at all (provided they don't fall foul of the anti-discrimination legislation)

4 If you are unable or unwilling to work the hours allocated to you, then unless you are able to come to an amicable agreement with them about your hours, I suggest that you start looking for another job, because it is very likely that they will end your contract and take on someone else who is able to be more flexible.

SarEl

Your contract states minimum hours and gives the employer the right to vary those hours - so yes, you can be required to work additional hours as business needs dictate. Whether any of these can be unpaid depends on the terms of your contract and whether this brings your hourly rate below the national minimum wage.

You are actually only entitled to a 20 minutes break if you work six or more hours, so 30 minutes is "generous"!

Much as I hate to say it, I suspect that there is a real chance that your problems will "solve" themselves. If you don't quit first, it is likley that the employer is not going to view your "lack of flexibility" very favourable and dismiss you. Since you have no employment protection here they can easily do so.

SarEl

zzzLazyDaisy wrote: »

1 Yes it is legal

2 It doesn't matter if you haven't signed the contract, if you continue to work for them after receiving the contract, you are deemed to have accepted it by your conduct.

3 You have less than one year's service, so they can terminate your employment for any reason or no reason at all (provided they don't fall foul of the anti-discrimination legislation)

4 If you are unable or unwilling to work the hours allocated to you, then unless you are able to come to an amicable agreement with them about your hours, I suggest that you start looking for another job, because it is very likely that they will end your contract and take on someone else who is able to be more flexible.

Snap!

Didn't mean to repeat your points - got distracted mid-post!

getmore4less

What is you hourly rate of pay?

check the contract carefully and decide if you want to work on those terms.

if not negotiate to make changes that are acceptable or reject the job(give notice)

Fhler

Thanks for the advice.. I am on a wage which is much less than minimum wage but earn commission so I guess they are able to get round it that way. I was actually offered this job months ago but due to problems on their behalf have only just started. You would have thought they could get enough staff in the months its taken them to get ready. i have really tried my best to do the shifts they have given me and find myself working without a day off, but just as jess1974 said the reason i accepted was also because I was under the impression I would be doing my 8 hours, maybe a little more here and there but nothing like this

zzzLazyDaisy

Fhler wrote: »

Thanks for the advice.. I am on a wage which is much less than minimum wage but earn commission so I guess they are able to get round it that way.

Assuming you are over 21, the NMW is £6.08 per hour (4.98 if aged 18 - 20) But it includes all remuneration including bonuses and commission earned over the pay period.

So if you are paid monthly (say), it would be the hourly rate plus commission divided by the number of hours worked (not including unpaid breaks) and they would only be in breach of the NMW if the final figure was less than the minimum wage.

Evilm

Have you actually been paid yet? Until you have, or unless its in your contract you can't conclude that the extra hours you have worked are "unpaid overtime". If they assign shifts then its most likely they DO pay you for the hours you work.

For the rest of it.... yes, its legal.

dark_lady

Fhler wrote: »

I have recently started a new job where I am contracted for 8 hours. I have just seen the rota where I am working 18 hours a week, which is very difficult for me to do as I have another part time job and other commitments. This is due to them not taking on enough staff to cover the shifts. They are aware I have another job and cannot work certain days yet insist on putting me on 5am starts when I only finish work at 11pm the night before. I have to continually tell them I cannot do these shifts. I can infact only do my 8 hours a week, where do I stand with this?
I received my contract but have not yet signed it. I read in it that it states the 8 hours are my minimum hours but this may change to reflect the needs of the business.
i have worked two 9-6 shifts for them, the first i worked an extra 45mins, there was no mention of being paid for this and we were not even asked if we could do it, it was just expected.
the second shift i agreed to come in an extra 30mins to help, was only given a 30min lunch break and as 6pm arrived the tasks kept on coming so i politely told them i would be leaving on time as i had someone waiting to give me a lift home.
this was not taken well and the manager went off in a huff.
is unpaid over time legal considering i am paid hourly? can i request to only work my 8 hours?
thank you:)

This is why its not always possible to do two part time jobs if you cant find a full time one,like so many benefit bashers on here tell people to do. Errrm because the jobs can clash with each other because most employers will think "oh it doesnt matter if the hours are short one week cos my employee can claim tax credits. And if i want them to do extra hours they will just have to tell their other employer they cant come in.
Shame the OPs original post cant be automatically flagged up every time some know-it-all suggests doing two part time jobs.

Spendless

I have found this in 95% of retail jobs I've worked in and so have my friends. They say the job is for x hours and every week you are put down to do more. It's amongst the reasons I never want to go back.