Betting Shop, Sunday working rules...??

jonuk7

Hi all, im after some advice if possible...

Basically my partner works at one of the large betting shops around every town, Blue signs, gold and white writing ;);),

they opened in December 2011, they have gone from 6 staff down to 4 already with an extra person who only works Saturdays. The manager (Well trainee) has gone on maternity and one of the cashiers has left.

My partner and one of the others have been put on and completed the Deputy managers course so they have cover for opens and closes etc, the current "manager" is only here while the shop gets settled and is due to leave anytime in the next month or 2, and one of the other staff members is just area cover and isnt permanent staff here.

My question comes with the fact they have started getting really awkward with my partners hours, she is the only one who has children (2 at school, 1 10 month old) im currently not working so childcare isnt a problem.

They were varied hours week to week for the first 2-3 months a good split of the occasional 13 hour shift with a couple mornings (8:45-2) and lates (2-10pm) however over the last month or so she has done at least 3 13 hour shifts a week and EVERY other day she works is a Late, this is not only limiting her time with the kids but also getting to us as a couple as by the time she gets in at 22:15ish shes shattered and has to be back in work for 08:45 the next day.

She has asked her boss(temp) if she can be given less of the 13 hour days and more of the morning shifts as appose to the late shift so she can at least come home at 2pm and see the kids etc "chill out" etc... to which her boss simply said "As deputy you HAVE to do at least 2 ALL Days a week, as for mornings well have to see"
She hasnt actually been made the deputy manager as yet and no new contracts have been done shes just done the course.

Shes only contracted to 30 hours a week but on average is easily working 45 through 5-6 days a week.

Im looking at the best options to try and sort the problem as the "Boss" clearly doesnt want to "help" and split the mornings and lates between the 2 of them (3 if the "Boss" can actually be bothered to work which is rare)

Ive tonight found out that because she works in a betting shop then she can legally "opt-out" of working ALL Sundays and because the company didnt tell her this within 2 months of her starting she only has to give them 1 months notice of this not 3....

Also when she finishes a late at 22:00hrs if she is opening the next day(usually the case) she has to be at work and "signed on" by 08:45 that doesnt give the legal 11 hour break between working days, i know its only 15 minutes but still its not allowed, this has been mentioned before and the "Area Manager" said "ok whoever is opening the next day should "Sign off" at 21:45", That made sense but then they still have to stay until 22:00 as you cant close by yourself for security so my argument is LEGALLY your still working, but if youve signed off should something happen your not insured or covered as you have "signed off" at 21:45??? so should this be brought up too?

Lastly do you think it would cause more problems for her at work if she was to turn around and say right im contracted to 30 hours a week so i will only work 30 hours a week???

Really sorry its so drawn out but its causing some real problems and were trying to sort it the best we can so she doesnt get "singled-out" at work or the P*** taken out of her with them making her work so many hours.

If anyone has been in this sort of situation or even works for a betting shop let me know what you think or how youd go forward with it.. Many Thanks

Savvy_Sue

She's been there less than a year. Before anyone answers any of the other questions, how badly does she want to keep her job?

Because while there are various remedies, and it doesn't sound as if she's being particularly well-treated, the bottom line is that they can just 'get rid' because she hasn't been there 12 months, and unless they display discrimination in getting rid, your partner will have very little recourse.

How does the other 'deputy' feel about it? Sometimes there is safety in numbers when you need to stir things up a bit.

marybelle01

I agree. She may be able to legally opt out of working Sundays, but they can legally opt out of employing her, so that's a bit of a gamechanger, isn't it?

And I'm sorry but I don't see what your (her?) issue is here. The fact that she has children isn't relevant to anything - she is not the primary carer, you are, so why should the employer be in the slightest bit concerned about the fact that she would like to work only the hours that she wants to work, and would like to be home early to chill out??? I'm sure a whole lot of us would love to be able to say what hours we work, and always be home early to chill out and spend time with the kids, the dog, the neighbours, or whoever we chill out with. And that applies to both men and women. Welcome to the world of work - it doesn't happen like that. And before you think that I am being unsympathetic, I am not. This is just how it is. So the simple fact is that if she wants to insist on working 30 hours a week she can (assuming overtime isn't contractual), and if she wants to refuse to work Sundays, she can. And if they want to sack her they can. Don't be under any illusions that she is crucial to their business interests - there will be plenty of people who want the job. Being a mother isn't like being a protected species. She doesn't get any special rights because she is a mother, and nor should she - that's the point of equality. She is not the responsible parent, you are. Plenty of men are in this position as fathers, and I am sure they would like to spend more time with their family too, and are shattered when they get in from long days or late shifts at work. This is not a question of priorities, not rights. Is having an income a priority?

jonuk7

Ok so those 2 responses I understand but what about the LEGAL aspect of NOT having a full 11 hours off between working days neither of you got to that just quick to basically say they'll just sack her really...

jonuk7

Also I'm not saying she wants to "pick her hours" she's simply asked if instead of ALWAYS working the late that it's split between her and the other lad so she maybe does alternate weeks of lates and earlys as there is NO reason for her to only work late and vice versa there is nothing in the contract other than she works 30 hours a week over 5 days no contracted over time in there.

marybelle01

jonuk7 wrote: »

Ok so those 2 responses I understand but what about the LEGAL aspect of NOT having a full 11 hours off between working days neither of you got to that just quick to basically say they'll just sack her really...

If you want to start quoting the law at the employer, which is also pretty much guaranteed to get you dismissed, then make sure you have read it first. Retail is one of the specific exceptions to the 11 hour rule! The employer can argue that their peak times require more flexibility, and this is fine provided that compensatory rest is provided. The basic principle is that there must be at least 90 hours of rest in the working week. Besides which - your argument here is inconsistent. You said she is working 3 full days and most every other shift is a late, which doesn't start until 2pm. 10pm - 2 pm is more than 11 hours rest period. But then you say she opens up most days as well - she can't be doing both!

I don't think any of us think that the employer is a good employer, and yes, they do appear to be exploiting their employees. But this still comes down to the fact that she can be dismissed with ease, so where do her priorities lie? If she is not happy with the job then the obvious answer is to find another one. Or resign - because she will find it a lot easier to explain a resignation by saying that the hours were too difficult given her being a mother (equality aside, people will be far more likely to accept this argument from a woman). But I don't see what she will gain except for a real possibility of getting dismissed by trying to change the employer, and a dismissal is much harder to explain to everyone.

Savvy_Sue

What about 'the lad', is he happy with his shifts? Because going to a manager saying "we'd like to suggest this" is better than going with "I want to do X".

RexBanner

Like the others I've sympathy for your situation but don't think there's much you can do aside from getting a bit of co-operation from the other staff, although this is unlikely as they're prob in the same boat.

Working at 10pm isn't ideal for most people, but if it was a problem for your partner at interview stage it's unlikely she'd have got the job.

beccaa

hi,
I work for the competitor of the bookies that your partner works for. My work is very flexible in hours and days you need off.
We never break the working time directive of 11 hours, you could take that further if it was a huge problem.
The other option is to put in a request for flexible working, we have quite a few people on that where they never work certain days so that could be an option for specific days off. Opting out of sundays I personally wouldnt do, you would never have a Friday and Saturday off. We split Sundays equally and only do one in three anyway.
I would say the best option is to apply for flexible working, or look for another job!

thevicster

Hi... I worked in betting shops for 8 1/2 years (2 big ames, 1 independant). To be honest with you,your partner could drop out of Sudays but would probably be stuck with bad shifts the rest of the time. With regards to the 11 hour rest... none of the companies I worked for seemed to give a toss about that!!!!!! I would seriously advise your partner to get the hell out while she can as betting shops treat their staff very poorly and it will only get worse, particularly when she is qualified and working as a deputy manager. They don't even recognise a trade union!! Sorry if my opinion seems particularly depressing!