Being forced to work long hours- what to do?

graceyyxx

Hi, this is my first post after lurking for a while so I hope somebody can help me.

My partner has just started a new job two weeks ago as a chef at a well known chain pub/restaurant which has just been built and has all new staff who were trained up in the first week before the pub opened on Monday 21st August.

In the training week she worked just over 40 hours which she didn't mind as she is contracted to these hours. However since sunday she has been working 14/15 hour days starting at 8 in the morning and not getting in until 11 most nights. Understandably the pub has just opened so it is very busy, with around 400 customers being served food every day so far this week. As you can imagine my partner is becoming increasingly exhausted, even though she is only 19 and fit/ healthy. The staff have been told the initial 'buzz' could last for 8 weeks and there is no way she'll be able to cope for this long as she is already really struggling.

Other staff have also complained that they're feeling exhausted and need a break and have been told by external trainers that if they don't like it to look for another job. Which is all well and good if she had time to look for one, she's had one day off this week which she slept for the majority of.

A few staff members have already left, mostly the ones with children but we can't afford for my partner not to be working and she doesn't want to complain as she's worried she might lose her job.

Sorry it's been a bit long but I wanted to give the full story of what's happened. I just wondered what her rights are and what she should do as she does want the job but is finding it hard to cope and can't continue with these hours.

Thanks in advance.

Mortgage_Reduction_Novice

Is she contracted a certain number of hours? Or is she paid a salary?

Can she discuss with her manager?

graceyyxx

She's contracted to 40 hours a week and the managers (husband and wife) have just told them to get on with it basically as they're working long hours too.

Mortgage_Reduction_Novice

Well, I think a carefully worded discussion with the managers is required. She should ask for a private chat with them (or maybe consider taking a witness in). She should state the 40hrs on her contract and that from now on she'll be working to contract with no extra hours. She can take the opportunity to ask what hours her shifts will be in order to keep to 40hrs per week.

If other staff have already left, the managers might worry they'll lose her too... but if she comes across as hassle they may well find any reason to dismiss her.

DCFC79

Does she get paid the extra hours worked ?

graceyyxx

Yeah she's being paid for all the extra work, she wouldn't mind working the hours if she could have a proper rest in between shifts but she's only getting about 5 hours sleep and then working all day.

vikingaero

Mortgage_Reduction_Novice wrote: »

Well, I think a carefully worded discussion with the managers is required. She should ask for a private chat with them (or maybe consider taking a witness in). She should state the 40hrs on her contract and that from now on she'll be working to contract with no extra hours. She can take the opportunity to ask what hours her shifts will be in order to keep to 40hrs per week.

If other staff have already left, the managers might worry they'll lose her too... but if she comes across as hassle they may well find any reason to dismiss her.

It's already been stated that she's spoken to the (useless) managers who have said tough and they are working long hours too. Working on the floor is often far tougher than work that the managers may be doing sitting on their fat arrises at a desk.

I would do things in writing and go above the managers to the next level.

graceyyxx

Do you think she should contact someone higher up alone or ask other members of staff to do the same?

The company seem to take a very no nonsense approach, on wednesday night the second chef got walked out and got upset because she hadn't seen her small children, then returned to the kitchen and the next day she was demoted! I'm just worried that by rocking the boat she'll just lose her job.

ohreally

The staff is in a stronger position than they may realise. The establishment being newly opened will have high expectations to succeed, as will the management team and if staff are already quitting they will be mindful of losing a key member who has already gone above and beyond to accommodate business need thus far.

Collectively the staff holds a lot of power to resolve the issues.

C_Mababejive

graceyyxx wrote: »

Yeah she's being paid for all the extra work, she wouldn't mind working the hours if she could have a proper rest in between shifts but she's only getting about 5 hours sleep and then working all day.

But surely the working time regulations 1998 state that workers should be allowed a clear 11 hours rest break between shifts..??

graceyyxx

C_Mababejive wrote: »

But surely the working time regulations 1998 state that workers should be allowed a clear 11 hours rest break between shifts..??

So are the company actually breaking the law? They're a big company so I would of thought everything they did was above board but they seem to be very unreasonable.