Unpaid half hours

hcb42

can you not start taking the one hour lunch break? If they wont pay you because you are not taking it - what will happen if you have the 1hr?

sHAYM4N

Emmzi wrote: »

That's not being trapped. You can hand in your notice any time. Being greedy is not the same as being trapped. Good luck with your job hunting.

Highly presumptuous. Actually I have the chance to work in a position I would love but requires taking quite a pay cut. Any redundancy money I was looking for was to lower my cost of living and help make this possible. Happy trolling.

ohreally

sHAYM4N wrote: »

The union in place here is a waste of space as the reps work here, and are in positions close to management, so it's a conflict of interest.

The reps are elected by the members, i.e. you! De-select them if the process/circumstances are contaminated.

The solution is staring you in the face - stand for election yourself.

In the mean time, request a branch official/ full time union officer to pick up the case.

sHAYM4N

getmore4less wrote: »

Whats the wage rate?

If the unpaid time takes you below National minimum wage then thats an angle you coud persue.

Break is 20 min over 6 hours.(look up working time directive) but they are unpaid.


AIUI the problem is that the only right to be paid is the national minimum wage so they can, not pay for time you are working.


what they have implied though is if there was evidence that you worjed the hours they would pay(was the reponse in writeing).

If you want to persue this to be paid for the 1/2 hours then you need to look at the grievence process if you have what you believe is the evidence.

At least going forward they should be agreeing to pay forthe hours worked.

The other thing to check is are your holidays correct

Wage rate is around £9 an hour I think, salaried with shift allowance of 15%. So minimum wage isn't an angle we could pursue. At no point did we sign anything or be presented with anything in writing regarding the change - the staff were simply told that they would have to take a half hour break instead of an hour. Even this break isn't a full break from the job, we are not permitted to leave site, must have radios turned on for contact. We are on call.

No response has been in writing, only told verbally in meetings. I received a response to the email sent last night from my manager, saying that if I should wish to discuss the matter she would prefer to discuss in a meeting as an individual or a group, rather than have emails sent about. I don't think it was appreciated that the 20 claimants were cc'd in. I feel she feels she has been put on the spot, and doesn't want to put ANYTHING in writing that could admit or confirm anything! HR have been silent for 2 months, despite being told it would be cleared up within 2 weeks.

hcb42 wrote: »

can you not start taking the one hour lunch break? If they wont pay you because you are not taking it - what will happen if you have the 1hr?

Unfortunately no, because we are on the 8 hour shift system now, so that details a half hour break.

ohreally wrote: »

The reps are elected by the members, i.e. you! De-select them if the process/circumstances are contaminated.

The solution is staring you in the face - stand for election yourself.

In the mean time, request a branch official/ full time union officer to pick up the case.

I'll go through the motions, then see what happens. If they can provide what I consider substantial proof to as why were unpaid I will of course accept that - I just don't think it exists. During a meeting regarding the claim with the HR rep I was told it was simply a matter of working out whether we have been paid for 11 hours or 11&1/2. If it was 11 then we would be repaid what was rightfully ours. Something has changed along the lines. If I'm not satisfied with the unions response & action then this is definitely something I will consider. If I have to work (in other ways) again for this money then so be it, it's not about the money at this point for me, its as much the principal. In my eyes, after their response, its as good as theft.

paddedjohn wrote: »

OP im on your side on this but why bring it up now after all this time?

The reason why we held back on initially claiming is that when the issue was raised ready for claiming. Our manager at the time told us in no uncertain terms. That if we were to "Pursue with this unscrupulous claim, the money would have to be found elsewhere in the department" and then the headnod which everyone understood clearly to mean our jobs. Really didnt twig at the time, but should have just gone for it, if it was unscrupulous & without principal, they wouldn't have had to pay us, and there would be no issue for them or us.

The fact that it was said made me realize that we were within our rights. Also rumour has it that this money was put aside in a seperate account, as they knew it was a debt they were looking to avoid. Conditions and the working environment have also deteriorated to the point that the 20 of us decided to seek what we felt was fair, despite what effect it may have on our employment.

Pricivius

One point to note is that your claim would probably be for unlawful deduction from wages and you only have three months from the final deduction to bring such a claim in the tribunal. It sounds like you would be out of time. The alternative would be to bring a civil claim for breach of contract, for which you have six years.

The other point to think about is one that you have touched on - what would be the impact of the university paying out £3,500 to 20 people? Possibly three people losing their jobs? A pay freeze for 5 years? The university has to make ends meet and the sums have to add up. I know there is a principle at stake, but principles do not come cheap. This should have been raised and fought at the time and it might not have come to this.

And one further point - bringing a claim against your employer is not easy and doesn't lead to a happy working environment. Whilst of course they can't treat you badly because you have brought a claim, they don't have to treat you brilliantly either. An employer can make cuts and changes to things which can make work tough...

From a legal point of view, it does sound like you have a claim worth pursuing - but I would think about the possible implications very carefully and see if a deal can't be struck without relationships deteriorating any further.

getmore4less

Wage rate is around £9 an hour I think, salaried with shift allowance of 15%


I think you need to clarify your exact contractual pay terms.

If really salaried as something like X amount per year for the following shift.............

Then a claim will have less worth than one that clearly states an hourly rate and working hours.

Anyway it does look like the email has woken up he boss, arrange a group meeting and insist on the union rep being present and their union boss superior as well if you can.

Do this with another email nad make sure you CC HR, did you CC HR on the first one?

With the shift change to 8 hour, how have the working hours, breaks and pay changed?

If you have changed from 12hr to 1.5 * 8hr shift with no change in wages because you were salaried then they may have messed up how they are defending the claim for more money for the 12 hour shifts.


I am not sure there is a claim for illegal deductions since it is not clear yet they have to pay your for all hours worked.

princessdon

Do you get a rest break or 2 in those 12 hour shifts?

Ie a 15 min coffee break/ toilet break x 2. If so then these may be unpaid and account for the other 30 mins?

Just a thought though from reading this, I haven't had a lunch in god knows how long (quick sarnie at the desk if I am lucky). I get my lunch hour deducted, certainly few any colleagues get lunch either - so I was kinda intrguiged to see how many supported this thread. Not being paid for lunch or getting a lunch break even the half hour is the norm for me and most people I know.

ska_lover

I am pretty sure that one of my colleagues are breaking HASAW because they insist on working through their lunches - by working through I mean microwaving, then sitting eating a full plated up dinner at a reception desk, whilst ignorning phones and customers, and then leaving half hour early in leiu of lunch half hour not taken!!

Not only is it taking the p1ss, but looks so unprofessional when a customer walks in, to be greeted by ignorance and somone eating a roast dinner!

We recently had a new manager, and I am pretty sure he doesn't realise this, he doesnt realise this guys contracted hours.

Having read the above that youi aren't meant to take your breaks at the beginning or end of a shift makes sense. I guess most managers wouldn't mind the odd time, if you had dentists or something, but this person has worked like this for at least 6 years that I know of

princessdon

We don't even get to leave early (boo hoo). 8.30 - 5 - Full hour deducted for lunch and looking at my schedule on Tuesday I am in back to back meetings between 10 and 4!

For many of us - we just loose the 5 hours a week pay. But it depends on the job. On rare occasions I can grab a flyer at the end of the week, or take a long lunch for a colleagues leaving, do some shopping. In Op's position that wouldn't be possible at all so they need set breaks I guess as they don't get the positives that go with the loss of lunch pay.

Ska - Lunch in "reception" is a big no no for most firms, but I have to ask if they get cover, as in does someone else relieve them of their duties on reception. Nothing worse than someone eating and ignoring you!

ska_lover

princessdon wrote: »

Ska - Lunch in "reception" is a big no no for most firms, but I have to ask if they get cover, as in does someone else relieve them of their duties on reception. Nothing worse than someone eating and ignoring you!

Hi there, yes there are four people on reception, so they are never without cover - they full well know this, as they utlize this cover when they need to 'pop to the shops' or 'go fuel up my car' and then still eat, and then still leave early at end of day in leui of lunchbreak 'not taken'. Not sure why certain people seem to think that filling up their own vehicle is something that they can do during work time, being paid to fuel up your own vehicle..