Being forced to work long hours- what to do?

custardy

graceyyxx wrote: »

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.

pretty much every chef position I held hgad a contract with "hours as required" on top of the basic contract hours.
Usualy staff are given a working time directive opt out to sign at the start.
what you describe is normal for a chefs position,particularly with an opening

ohreally wrote: »

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.

not really. From experience,very few staff 'survive' openings
Usually staff are churned through until things settle down and problems are ironed out/glossed over

custardy

annie1975 wrote: »

That is 2 peoples jobs,why cant they take someone else on and do the hours between them...

because 1 person has less holiday costs etc

C_Mababejive

graceyyxx wrote: »

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.

The WTR is quite clear and i quote..

Daily rest
10.—(1) An adult worker is entitled to a rest period of not less than eleven consecutive hours in
each 24-hour period during which he works for his employer.
(2) Subject to paragraph (3), a young worker is entitled to a rest period of not less than twelve
consecutive hours in each 24-hour period during which he works for his employer.
(3) The minimum rest period provided for in paragraph (2) may be interrupted in the case of
activities involving periods of work that are split up over the day or of short duration.


Unquote..


Paragraph 21 of the WTR lists possible exceptions but these relate to activities where to apply the legislation would be impracticable.It list things such as emergency services,armed services,utilities etc..clearly in such circs,one cant have the British army clocking off for 11 hours rest whilst the Taliban run riot..or doctors and nurses letting patients die because they need 11 hours rest.

In such circs,the law allows for compensatory rest so again,they should be in a no loose situation.

Clearly a catering establishment is not a bust A&E Dept,a military front line or similar.

I would advise joining a union asap. At least you can get legal help if he gets sacked for excercising his legal rights against exploitation.

custardy

which is why its standard to sign an opt out
TBH if someones working in catering then things like statutary rest periods and the like can be forgotten about
If you cant do the hours,the jobs not for you.
I remember 20 years ago when there was talk that things would change regarding hours etc
its hasnt

C_Mababejive

Standard to sign an opt out? Why on earth would anyone sign away their legal rights which give minimal protections when you can still retain that right but work over as and when agreed. Why should people in the hospitality and retail industries have lesser rights than anyone else? If people continue to accept abuse then they will continue to be abused.

custardy

C_Mababejive wrote: »

Standard to sign an opt out? Why on earth would anyone sign away their legal rights which give minimal protections when you can still retain that right but work over as and when agreed. Why should people in the hospitality and retail industries have lesser rights than anyone else? If people continue to accept abuse then they will continue to be abused.

That is the catering industry
You obviously don't know it
Most staff working in catering will get an opt out with the paperwork for bank details etc to fill in on day 1.
Hotels etc don't run on 8 hour days
My longest 'shift' in catering was over 30 hours!
Quite simply,as long as WTR has an opt out,it will be used by employers

My OH works in a high end Edinburgh hotel
she is often home at 4am from work after starting at 2pm
sometimes on an 8am start that next day

shellsuit

C_Mababejive wrote: »

The WTR is quite clear and i quote..

Daily rest
10.—(1) An adult worker is entitled to a rest period of not less than eleven consecutive hours in
each 24-hour period during which he works for his employer.
(2) Subject to paragraph (3), a young worker is entitled to a rest period of not less than twelve
consecutive hours in each 24-hour period during which he works for his employer.
(3) The minimum rest period provided for in paragraph (2) may be interrupted in the case of
activities involving periods of work that are split up over the day or of short duration.


Unquote..


Paragraph 21 of the WTR lists possible exceptions but these relate to activities where to apply the legislation would be impracticable.It list things such as emergency services,armed services,utilities etc..clearly in such circs,one cant have the British army clocking off for 11 hours rest whilst the Taliban run riot..or doctors and nurses letting patients die because they need 11 hours rest.

In such circs,the law allows for compensatory rest so again,they should be in a no loose situation.

Clearly a catering establishment is not a bust A&E Dept,a military front line or similar.

I would advise joining a union asap. At least you can get legal help if he gets sacked for excercising his legal rights against exploitation.

My husband is a lift engineer and when he's on call (as well as doing his normal 50 hour week), there are times when he will get home at 2/3/4am and start work again at 7.30am the next morning.

He used to run kitchens years ago for pub chains and often worked till close and was back in again at 8 the next morning. Thing is though, he knew they were going to be his hours.



I don't understand to be honest. Surely hours/shifts (ie, 8-8 etc) were mentioned to the OP's OH otherwise how would she know to go in at 8am? If she knows she is meant to start at 8am, surely she would have been told a finish time too?

I wouldn't go into work at 8am if I didn't know what time I was going to be finishing.

Notmyrealname

C_Mababejive wrote: »

Standard to sign an opt out? Why on earth would anyone sign away their legal rights which give minimal protections when you can still retain that right but work over as and when agreed. Why should people in the hospitality and retail industries have lesser rights than anyone else? If people continue to accept abuse then they will continue to be abused.

Ask the entire haulage industry who were completely incensed that someone from Brussels could dictate to them how much they could work and therefore earn.

You'll not find many employees in truck driving supporting the WTD.

custardy

Notmyrealname wrote: »

Ask the entire haulage industry who were completely incensed that someone from Brussels could dictate to them how much they could work and therefore earn.

You'll not find many employees in truck driving supporting the WTD.

well TBH,the problem with the likes of drivers is the dangers for themselves and others with driving tired.
Chefs are a danger tired or not

Notmyrealname

custardy wrote: »

My OH works in a high end Edinburgh hotel
she is often home at 4am from work after starting at 2pm
sometimes on an 8am start that next day

I used to be a truck driver. I could start work at 6am and finish at 9pm three times a week. For another three days of the week I could start at 9am and finishing at 7pm. And all legally.