Should I be paid?

Padstow

I have always employed the maxim of never start a battle that I can't win, so I am here to seek your advice before I start.

Invited to cook for a day at a children's nursery for a full time job.

Normal would be 7 hours, I worked 8 with no break, not even the loo.

Manager asked (begged) me to return the next day, and she would pay me whatever I decided for that second day. No mention of the first day being paid though.
Having written this, I will be demanding payment for hours worked. Too many employers are explointing us.

McKneff

Stop being so uppity 'demanding' indeed

Just write an invoice out for the hours you worked. Present it to them (nicely) and wait for your money.

When you have it, receipt it paid with thanks, ask for a copy for your tax records.

Job done, no need for anything else.

SarEl

It might have been better to employ the maxim, agree the terms of the contract before you do any work.

You have no clarity about the terms of your employment, if it was indeed employment, for that day; and it would appear that the employer agreed to pay you nothing. Unless it is clear that you were an employee on that day (which is going to be hard to evidence on the basis of a single day) then you have no recourse to a tribunal for non-payment of the "wages" that you didn't agree. If you are not an employee then your only recourse to enforce payment is a civil claim, and they would require evidence that a debt exists - which it does not if you didn't agree the terms of payment.

Why would you undertake work without agreeing what was expected and what you would be paid for it?

Sambucus_Nigra

Padstow wrote: »

I have always employed the maxim of never start a battle that I can't win, so I am here to seek your advice before I start.

Invited to cook for a day at a children's nursery for a full time job.

Normal would be 7 hours, I worked 8 with no break, not even the loo.

Manager asked (begged) me to return the next day, and she would pay me whatever I decided for that second day. No mention of the first day being paid though.
Having written this, I will be demanding payment for hours worked. Too many employers are explointing us.

What's your actual question?

agrinnall

Padstow wrote: »

I have always employed the maxim of never start a battle that I can't win, so I am here to seek your advice before I start.

Invited to cook for a day at a children's nursery for a full time job.

Normal would be 7 hours, I worked 8 with no break, not even the loo.

Manager asked (begged) me to return the next day, and she would pay me whatever I decided for that second day. No mention of the first day being paid though.
Having written this, I will be demanding payment for hours worked. Too many employers are explointing us.

So work the second day and ask to be paid twice as much as you would normally, sorted!

DevilsAdvocate1

If you think there is the possibility that you will keep getting asked to go back, then I would let the first day go and would not be demanding. Perhaps it could be a nice earner in the future and your "free" day helped secure that?

If you are demanding then they will not bother will you in the future so overall you could miss out a lot more than by just letting the one day go. It will also be good experience for your CV, so you could end up getting more out of it.

hcb42

i dont understand the problem....people are not normally paid daily. Why assume they are not paying you? surely you agreed/knew the pay up front before starting. If it was a free day to see if you get the job, surely that has now been accomplished..

purple.sarah

I wouldn't assume they're exploiting you without getting more information about the situation, which you should have done before starting work there. If they're begging you to come back it sounds like you're in a great position to negotiate, which will go over better than demanding. Have you ever heard the maxim "I want" doesn't get? I'm not saying you shouldn't ask what and when you are getting paid, as you should have before you started, but ask politely! And as others have pointed out, working one day for free could be an investment if they're now begging you to come back and saying they'll pay whatever you want. Don't blow it by going in all guns blazing, ask questions instead of making assumptions.

Padstow

McKneff wrote: »

Stop being so uppity 'demanding' indeed

Just write an invoice out for the hours you worked. Present it to them (nicely) and wait for your money.

When you have it, receipt it paid with thanks, ask for a copy for your tax records.

Job done, no need for anything else.

Thankyou, but I consider an invoice a "demand for payment", otherwise why issue one at all?
If the demand or invoice isn't paid, and isn't enforceable, what's the point of issuing it in the first place?
I have found an answer to my problem, so am satisfied, thanks to all.

moneypuddle

I also don't see the problem with just invoicing like anyone else would?

Googlewhacker

Padstow wrote: »

I have always employed the maxim of never start a battle that I can't win, so I am here to seek your advice before I start.

Invited to cook for a day at a children's nursery for a full time job.

Normal would be 7 hours, I worked 8 with no break, not even the loo.

Manager asked (begged) me to return the next day, and she would pay me whatever I decided for that second day. No mention of the first day being paid though.
Having written this, I will be demanding payment for hours worked. Too many employers are explointing us.

Still waiting to see where you have been exploited....