Not getting paid for hours worked

ladynh

I have just started to work for a large bar chain, in my first months salary I noticed I was noted down as working a couple less hours per week and mentioned it to my line manager. I was told that we only get paid up to a half hour after last orders is called. This seems pretty ridiculous considering customers have 20 minutes drinking up time and it is not possible to get everything ready (as per company standards) in the half an hour. The result is we end up working at least half an hour every closing shift for nothing. One night due to short staffing we worked for an hour and a half over the allocated time.
I wondered what the law states about such things as there doesn't appear to be anything noted in the contract. Also I was advised if we downed tools at the half hour deadline we would be taken off the rota.

This instruction comes from head office not the bar itself. Does anyone know the legalities behind this occurance?
Many thanks

HappyMJ

They should be paying you for the time worked. However, the bar staff I know do tend get to be short changed when working the late shift. The local pub licensed from 12 midday to 11.30pm has shifts from 12-4, 4-8, 8-12. If the last shift does not finish on time at 12 they are expected to stay back until everyone has left and the pub can be closed. The bar staff need to be strict and call last orders exactly on time (and in reality on the pub time which is about 10 minutes faster) and move everyone on if they want to get home on time themelves. If the owner/manager disagrees then the bar staff technically can go home on time and let the manager serve the customers himself but as has been said to you you'll be taken off rota.

BrettMorganxD

HappyMJ wrote: »

They should be paying you for the time worked. However, the bar staff I know do tend get to be short changed when working the late shift. The local pub licensed from 12 midday to 11.30pm has shifts from 12-4, 4-8, 8-12. If the last shift does not finish on time at 12 they are expected to stay back until everyone has left and the pub can be closed. The bar staff need to be strict and call last orders exactly on time (and in reality on the pub time which is about 10 minutes faster) and move everyone on if they want to get home on time themelves. If the owner/manager disagrees then the bar staff technically can go home on time and let the manager serve the customers himself but as has been said to you you'll be taken off rota.

Does "being taken off rota" mean sacked?

HappyMJ

BrettMorganxD wrote: »

Does "being taken off rota" mean sacked?

No it just means the worker won't be working as much any more. Bar staff contracts are usually zero hours contracts (i.e casual) rota'ed on when required only. They can still be called in if needed.

DS4215

It was 20 years ago, but I used to work in a busy town centre bar and we called time at 11:00 and had everyone out and all the jobs done by 11:30, and most nights by 11:25 - Can you do any of the jobs while you are waiting for the customers to drink up and leave? - We had most of the glasses washed, and put away and did the other jobs while the last few customers finished up.

lvm

What is your hourly wage? If you take an average months wage/salary and divide by the number of hours worked (including the unpaid hours), does this bring you below minimum wage?

HMRC would be VERY interested in this - I know of an investigation at the moment and they demand that info on last 6 years of unpaid overtime is provided to them and subsequently paid to staff.

In case this helps your situation...

ladynh

lvm wrote: »

What is your hourly wage? If you take an average months wage/salary and divide by the number of hours worked (including the unpaid hours), does this bring you below minimum wage?

HMRC would be VERY interested in this - I know of an investigation at the moment and they demand that info on last 6 years of unpaid overtime is provided to them and subsequently paid to staff.

In case this helps your situation...

It is the minimum wage therefore would be under if you took into consideration the extra hours worked. I think I might have to report this through to see if it can be investigated.
Thank you everyone for your advice

ladynh

DS4215 wrote: »

It was 20 years ago, but I used to work in a busy town centre bar and we called time at 11:00 and had everyone out and all the jobs done by 11:30, and most nights by 11:25 - Can you do any of the jobs while you are waiting for the customers to drink up and leave? - We had most of the glasses washed, and put away and did the other jobs while the last few customers finished up.

This too is a large town centre bar however it is impossible to get all the jobs (that are required by management) done in less than an hour. Even with the best preparation in the world and we even try very hard to get as much done before we call last orders.

vax2002

Start keeping accurate daily records of start times and finish times, you finish when you stop becoming the servant of the master (boss) as said add up the hours and when you leave, do them for minimum wage.
Do not sign any short time sheets.

laurz121

Looks like you've got three options. 1. Stop complaining about it and be thankful that you have a job. 2. Quit and get another job. 3. Try to start a big investigation and find yourself unemployed by the end of the day.

I don't mean to sound unhelpful or rude but that is the reality of the situation you're in. You've only just started your job and your boss can quite legally sack you for no reason at all if they want to and trying to get them done for breaching employment law will certainly get you sacked. You've got to decide whether having the job is worth working half an hour a night unpaid. If it is then put up with it, if it isnt then leave.

janeybogs

I've never but know a lot of people who do/have worked in bars and this is normal! Infact I have a friend who stops getting paid at last orders, and is always there at least an hour after that unless it;s been quiet (unusual).