Do I have any rights?

suki1964

I work part time for minimum pay

Most weeks I clear 16 to 18 hours over 4 days

I work as a cook so different shifts


I have never seen a contract although I get pay slips and have been paid 16 hrs holiday this year

I've worked on the same premises since 2006, but for this employer nov 2010 till July 2011 then back again since 17 jan 2012

Anyway manager came in Sunday and said staff meeting on Tuesday night 8 pm

I refused saying that I'd be working all day. Time I got home and cooked tea I wasn't travelling back out again

Another cook also couldn't attend

So the time and date gets changed for tonight. My usual shift night. Only I booked it as holiday so said I wouldn't attend as I was on leave ( not paid as it appears 16 hrs is all I'm getting)

Manager has phoned three times so far tonight. I've not answered

Am I wrong for refusing to go in ( unpaid btw). Do I have a leg to stand on?

KiKi

You're not obliged to attend, unless there's something in your contract or company policy that says you are. However, be prepared for the fact that the manager may now make life deliberately difficult for you, and as you've not had a year's service, yet, your manager could sack you for almost any reason - and that could include not attending a meeting. So you need to make a judgement on how much you're prepared to push that.

Perhaps you could find out how long the meeting will be, and suggest a night that *would* work for you? Or at least be proactive and say that you're happy to meet someone to get the staff update at any time during your shifts...something that suggests you're not being difficult. Because whilst you don't have to go in (assuming contract / policy doesn't say that), it's a staff meeting presumably to give you info, and attempting to be helpful rather than obstructive will stand in your favour!

On another note entirely - are you saying that you only get 16 hours paid leave a year??

Assuming that your company offers the statutory minimum and no more, and assuming that you do 17 hours a week (I'm averaging here), and that a full timer does 40 (again, a guess), then you should get 95.2 paid hours a year (and that includes hours off for BHs). That is your LAWFUL right, and if your company isn't paying it then you should ask about it, then put in a grievance if you get nowhere. A tribunal is your last resort - and, of course, if they don't like you challenging this they can sack you (until a year's service). But they'd still owe you any unpaid leave.

Post a full timer's hours and - if you can find out - what a full time person gets in paid leave a year (including BHs) then someone will re-calculate for you. A full timer should get 28 days paid leave as a minimum, btw.

KiKi

Miss_Havisham

was the meeting about something important (such as redundancies) ?

Parva

Wow, this brings back memories of the rows I had with the ex-wife when she did Saturday and Sunday night shifts at a care home (9pm - 9am) and they regularly called her in on a Monday afternoon 2pm meeting, all unpaid and she had to get a taxi there and back.

I very much doubt that they can force you to attend any such meeting that is outside of your regular working hours, particularly when this is without pay AND transport. No doubt someone with experience of employment law will be able to answer better but no, this is just wrong.

suki1964

No the meeting to tell us about the "new menu" - that came into force today ( and today they are introducing it to the staff :rotfl: )

Last year I never got a penny paid leave - not even when I left

This year I got 16 hours yet took 23 hrs ( that was the hours of my shifts)

When I say I want more time off paid I get looked at like I have two heads

I get no tax or NI taken from my wages so I dont even get SSP

suki1964

Parva wrote: »

Wow, this brings back memories of the rows I had with the ex-wife when she did Saturday and Sunday night shifts at a care home (9pm - 9am) and they regularly called her in on a Monday afternoon 2pm meeting, all unpaid and she had to get a taxi there and back.

I very much doubt that they can force you to attend any such meeting that is outside of your regular working hours, particularly when this is without pay AND transport. No doubt someone with experience of employment law will be able to answer better but no, this is just wrong.

Sound like my colleague - she too doesnt drive and would have had to find the money for a taxi there and back tonight

KiKi

suki1964 wrote: »

No the meeting to tell us about the "new menu" - that came into force today ( and today they are introducing it to the staff :rotfl: )

Well, you're a cook, so it's probably important that you know what the menu is!! if you need the job, stay on the right side until you have 12 months' service and make a suggestion as to how you can get updated.

Last year I never got a penny paid leave - not even when I left

This year I got 16 hours yet took 23 hrs ( that was the hours of my shifts)

Assuming you're an employee of the company, this is unlawful. You are being short changed by around 79 hours, probably around £500 if you're on min wage. You will 'lose' leave if you don't take it before the next annual leave year (whatever that is - often Jan-Dec), so you should enquire about this.

When I say I want more time off paid I get looked at like I have two heads

You may need to remind them of the law. Are you really happy not to get what they are lawfully required to pay you?

I get no tax or NI taken from my wages so I don't even get SSP

No tax or NI because you don't earn enough?

KiKi

suki1964

KiKi wrote: »

Good grief! Still, if you need the job, stay on the right side until you have 12 months' service and make a suggestion as to how you can get updated.




Assuming you're an employee of the company, this is unlawful. You are being short changed by around 79 hours, probably around £500 if you're on min wage. You will 'lose' leave if you don't take it before the next annual leave year (whatever that is - often Jan-Dec), so you should enquire about this.




You may need to remind them of the law. Are you really happy not to get what they are lawfully required to pay you?




No tax or NI because you don't earn enough?

KiKi

I took the job originally because I was bored at home and living in a new place it got me into meeting people

Back then it was a cash in hand ad hoc job

Since its turned into regular shifts with payslips

I dont pay tax or NI because it seems I never do enough hours - I think total tax this year is 12 quid

Its not that Im happy to not get what Im entitled too, just for so long everything was sort of well - as mates

Now its new management and things have changed to the point where we are now expected to work whatever they dictate and have no say - or thanks or even the odd fiver as thanks

This staff meeting is an example - no notice and pure expectation that we have no lives that we can drop everything and turn up

I dont NEED the job, I like the work and like my colleagues and the money does come in handy so Im loath to quit ( its on the doorstep and jobs are rarer then leprechauns) but Im getting a tad !!!!ed being treated like a bit of dirt tbh