Employer not paying me for time worked

teamshepherd

I want to report my employer, or more particularly the managers who do payroll.

I work for a large pub and restaurant company in the UK and since I started working for this company I've continually been underpaid. First of all the hours I get are junk at best. At my interview I was told I'd work at least 40, when I signed my contract it read at least 35 and yet my average working week is anywhere from 20-26 hours.

Anyway that isn't my problem. My problem is that almost every night my managers are clocking me out 30 minutes to an hour earlier than they should. For instance it'll be 12:00 at night, I'll ask my manager what time he's clocked us out for and he'll nonchalantly reply 11:30.

Now from what I gather they do this so they can do the end of day procedure and get out earlier, which is fine as they have the ability to amend any hours unpaid the next day, but they never do. Simply put I'm losing hours and hours a week, which you notice when you're barely making £150.

Now this is the problem, I want to report them but I don't have a good person to go to. Usually it would be the area manager, but both the area manager and our general manager are very pally pally and I'm 100% certain that if I were to speak up that my hours would go down, my working environment, as poor as it is already would only get worse and I'll essentially be forced out of the job, which is fine as long as I have another job set up, which I don't but am working on.

So yeah guys, what's your advice? Whenever I bring up the issue of unpaid hours with my boss I get the dirtiest of looks and treated with pure disdain. I don't want to work for free anymore, who can I contact about this?

Thanks for your time!

Phil_68

So, you have a contract that says you GET 35 hours or UP TO 35 hours?
Why are you allowing your boss to clock you out? That is your responsibility, is it a clock machine or just a diary?
If they have the ability to amend hours the next day, then why are YOU not doing that?
What does your contract / handbook say about raising a grievance?

How long have you worked there?

Is it just you, or other members of staff? Have they complained?

The more detailed the information, the easier it is to reply

Phil.

Fire_Fox

You should all write to the manager and ask to be paid your correct hours. Not sure what you mean by 'essentially be forced out' but there is such a thing as constructive dismissal. Are you a member of a union?

paddedjohn

Next time you are working wait until 11.30 and ask him if you are still clocked on, if not then walk. Remember if you haven't been there 2years then it's very easy for them to get shut of you if you want to push the matter, also bear in mind if you do bring a grievance that if you are on or near minimum wage then this unpaid time may drop your wage below the legal minimum

teamshepherd

Phil_68 wrote: »

So, you have a contract that says you GET 35 hours or UP TO 35 hours?
Why are you allowing your boss to clock you out? That is your responsibility, is it a clock machine or just a diary?
If they have the ability to amend hours the next day, then why are YOU not doing that?
What does your contract / handbook say about raising a grievance?

How long have you worked there?

Is it just you, or other members of staff? Have they complained?

The more detailed the information, the easier it is to reply

Phil.

1) I'm pretty sure my contract states I'll receive 35 hours but in small print they cover their backs by saying that they can deduct or increase my hours based on their needs. I remember reading something about them only being allowed to reduce hours by a certain percentage but I'm not too sure. I've been deceived from the outset.

2) There are two types of shifts, the normal rota shift, or a "finish". A finish means that you get out when the kitchen is clean and prepared for the next day. A finish can go from anywhere to 10PM to 1am +. At 11 the bosses run the end of day procedure on the system which means they have to guess when we'll finish work and they mostly do this without even seeing what state the kitchen is in or even asking us. So it's usually 30 mins or an hour earlier than it should be. It's not a clock in machine or diary, it's a computer system where you swipe your card. So there is no physical proof of times worked.

3) I never received a handbook.

4) Around 9-10 months

5) It's not just me, it's everyone. I think it's even a company wide thing. Everyone is missing hours, my colleague was missing 18 hrs from his last paycheck. At the moment no one other than me really seems to care, most don't even pick up their payslips every week.

This is why I'm hesitant as my bosses can be extremely spiteful and have already proven themselves to make life hell for those they don't like for personal reasons. I fear that if I make myself heard I'll become a target and be driven down a path that ends in my resignation.

Next time you are working wait until 11.30 and ask him if you are still clocked on, if not then walk. Remember if you haven't been there 2years then it's very easy for them to get shut of you if you want to push the matter, also bear in mind if you do bring a grievance that if you are on or near minimum wage then this unpaid time may drop your wage below the legal minimum

I've thought of doing that and for reasons explained up above, I haven't as my life would be made a living hell and I'd undoubtedly receive disciplinary action despite being in the right. It doesn't matter if you're in the right or wrong in that kitchen, whatever the boss says is gospel and all you can do is shut up and let them shout in your face.

dacouch

Many many years ago I worked for a very big chain of bar / restaurants, the manager used to do the same thing to us. I bumped into his then ex girlfriend a couple of years later. She told me he shaved 30 mins off each persons shift as he received a monthly bonus which included keeping staff wages below certain percentages...

getmore4less

Go to the top of HR and ask what the company policy is on fraudulent managers not doing their job properly.

As above it will be to do with performance related bonus and keeping costs down.

AP007

Possibly to get a bonus as stated

Usually payroll needs to be below 18% of turner so good if they are doing this for that reason

OP does your hourly rate go below the NMW when you are being unpaid?

If so report them

Ian4996

Are you keeping a written log of exactly what time you start and finish each day? If you're going to get anywhere with this, that'll be essential.

teamshepherd

Hey, thanks for the responses guys. I have been keeping record of all the days I work and yet again today not only was I not paid for the 3 hours I wasn't paid and asked for last week but I was further underpaid by 8 hours. I'm so sick and tired if having to fight to get what I'm owed. I work too hard :-(

Who would I report them to? Head office? If they're purposely withholding wages isnt this a matter of law?

I'm on 6.28. The week before last I worked exceptionally hard over 6 days to covert a colleague on holiday. I worked 48 hrs. I was paid for 40 which drove my wage down to something like 5.20, so yeah. Well below main wage

Phil_68

Write to your immediate manager, or HR dept if you have one, if you do then send it to both.

Set out in a clear way what you are asking, why you feel you are being punished and back it up with facts not gripes. Explain that you will be seeking legal advice where appropriate.

Your short time in employment may prevent you from a tribunal, but without the full facts I don't know if you can push an automatic unfair case.

WARNING - the moment you kick up this fuss, you will leave yourself open to being sacked and you should think carefully before proceeding.

Have a look on the ACAS website, give them a call and talk it through with them. They are pretty stiff in their dealings and will not take any emotion or ill feeling into account, they deal in facts and law only.

Do not look to your colleagues for support, they WILL not back you up, you are on your own and you have to fight your own corner, but you have support on here

Phil.