Underpaid, missing hours. Help.

benz710

My girlfriend works for a reputation restaurant.
She told me that she gets paid £7/hour. She has to clock in/out every time when starting and finishing her shifts.

There are 2 shifts a day. Day shift 11.00am - 3.00pm and evening shift 5.30pm-10.30pm. Also, as she works in a restaurant. She often finishes after 3.00pm and 10.30pm. She always finishes almost 4pm for day shifts and mid night for evening shifts.

The problem is that she gets paid only 3 hours in day shifts and 4 hours in evening shifts. Her employer told her that the first hour of the shift is not counted !!

Everyone in the restaurant gets paid like this. But no one speaks because a lot of foreign students work there.

Also, if they count the full hours, a lot of oversea students will work overtime they are allowed to work in the uk.

My girlfriend works 5 days 9-10 shifts almost more than a year. They don't give any holiday pay and no contract to sign.

I think it is very unfair. Is there anything she can do? Can she have someone to investigate?

Please suggest.

Thank you.

Jarndyce

Well she needs to be careful if she hasn't worked there for 12 months, since they can sack her for pretty much any reason in that time. (Unless it is otherwise unlawful eg for discriminatory reasons/whistleblowing etc).

Otherwise, if the hours she actually works means that her average wage is less than the NMW, then she can call in the HMRC inspectors on that issue and they will do the rest. Alternatively, she can take out a grievance followed if necessary by a tribunal claim to obtain confirmation of her terms and conditions and any unpaid wages due.

benz710

Jarndyce wrote: »

Well she needs to be careful if she hasn't worked there for 12 months, since they can sack her for pretty much any reason in that time. (Unless it is otherwise unlawful eg for discriminatory reasons/whistleblowing etc).

Otherwise, if the hours she actually works means that her average wage is less than the NMW, then she can call in the HMRC inspectors on that issue and they will do the rest. Alternatively, she can take out a grievance followed if necessary by a tribunal claim to obtain confirmation of her terms and conditions and any unpaid wages due.

As stated before, there is no contact for her to sign. If she calls HMRC and they investigates the restaurant?. Will she be sack for that?
She works there for over 12 months.

Jarndyce

benz710 wrote: »

As stated before, there is no contact for her to sign.

So what? It doesn't matter whether or not she has a written contract. She is entitled to a written statement of her main terms. Maybe she should start by writing and asking for that.

If she calls HMRC and they investigates the restaurant?. Will she be sack for that?
She works there for over 12 months.

If she is sacked for calling HMRC then that is automatically unfair, but of course they could come up with some other spurious reason. Just make sure she keeps copies of everything and keeps a diary of events.

agrinnall

When you say a reputation restaurant do you mean one with a good reputation (with customers and foodies, not necessarily with the employees)? If so perhaps an anonymous tip to a tabloid newspaper about their underhand - and illegal in the case of not paying holidays - activities and the resulting publicity might get them to change their ways.

benz710

agrinnall wrote: »

When you say a reputation restaurant do you mean one with a good reputation (with customers and foodies, not necessarily with the employees)? If so perhaps an anonymous tip to a tabloid newspaper about their underhand - and illegal in the case of not paying holidays - activities and the resulting publicity might get them to change their ways.

If I say the name, I bet you will know it. If you are a Londoner.

agrinnall

There's a good chance I'll know it even though I'm not a Londoner, we do have TV and the internet up here in the wilds of Scotland you know (even if they are both a bit dodgy at times).

Little_bit_dizzy

Not being paid for the first hour is not acceptable, regardless of the establishment. Try this link .

I hope she sorts it out, a tip to the papers as suggested above would get my vote...

Jarndyce

Little_bit_dizzy wrote: »

Not being paid for the first hour is not acceptable, regardless of the establishment. Try this link .

I hope she sorts it out, a tip to the papers as suggested above would get my vote...

Not mine. 'Top restaurant in crap employer shock'? Don't think so. And likely to get her sacked if she gets found out.

Raise it through the proper channels I say.