Being made to stay past contracted hours?

cazsmith99

Hi, advance apologies if im in the wrong place but here goes.
I work full time with my hours being 9-530, unpaid 45min breaks throughout the day. My employers have now said that if there is anyone in the shop after 530 then everyone must stay untill the customer has gone. Now the problem I have is that I HAVE to leave at 530 to get my children from 2 seperate childcare providers before 6pm. Where do i stand legally? My boss says I must wait. If I am late picking them up I get charged £10 extra each time. Aside from this I feel it's completely unreasonable to expect me to work on, unpaid, and risk being late for my children.
I'm so worried about this whole situation
Many thanks in advance for any advice!

Takeaway_Addict

are you paid more than NMW and what does the contract say about extra work?

Podge52

Takeaway_Addict wrote: »

are you paid more than NMW and what does the contract say about extra work?

What does that have to do with anything.

Are you suggesting that if an employer pays say £7.50 an hour they should expect the employee to work extra hours to bring the total down to NMW?

DaveTheMus

Podge52 wrote: »

What does that have to do with anything.

Are you suggesting that if an employer pays say £7.50 an hour they should expect the employee to work extra hours to bring the total down to NMW?

Legally they have done nothing wrong if this is the case.

PasturesNew

Podge52 wrote: »

What does that have to do with anything.

Are you suggesting that if an employer pays say £7.50 an hour they should expect the employee to work extra hours to bring the total down to NMW?

It means that legally the employer cannot pay less than NMW. If the OP is earning NMW, then staying late would mean they're being paid under NMW = illegal.

If the employer pays more than NMW, so, say, £7.50, then the extra unpaid time won't calculate out to a rate below NMW = not illegal.

Annoying, outrageous, uncaring, bl00dy infuriating, etc etc .... but starting from a point of "not illegal".

Savvy_Sue

Can I just check a few things:

The shop is supposed to be closed at 5.30 pm, right?

How many staff are there normally in the shop?

Takeaway_Addict

Podge52 wrote: »

What does that have to do with anything.

Are you suggesting that if an employer pays say £7.50 an hour they should expect the employee to work extra hours to bring the total down to NMW?

If it is in their contract that extra hours will be required then yes, that is what I am suggesting.

Nothing illegal or wrong as long as it does not go under NMW. IF the OP is paid NMW then it becomes an issue as the extra time needs to be paid.

JKSandy

Is it not a bit naive to think there is anything wrong with this? I have worked in retail/bars and offices and it happens.


OP - You best approach is to ask your manager if you can ask your colleagues if it is ok for you to finish at 5.30pm due to your kids, if he says yes ask the rest of the staff, as long as they are not in the same boat they will most likely agree.

cazsmith99

thanks for the replies! I am over the NMW by about 50p p/h.
Theres only ever 2/3 of us there. Yes the shop closes at 530 and by then we are normally ready to leave ie. banking and end of day routine completed. Till is logged out at 530 on the dot and we leave. Its a small shop and I am the only one with any childcare issues. The company is undergoing some changes and its all 'thats what the company expect'
If i had started the job with the knowledge that I would be expectd to stay on then I wouldn't have taken it as I am not in a position that I have anyone else to pick them up. I have been there for 3 years without a problem. My childcare arrangements have not changed in this time.

agrinnall

I'd say your choices are:

1) Explain the issue and hope that you can get a formal agreement not to work past 5:30
2) Leave at 5:30 every day anyway and see if they take any action
3) Resign and find another job that fits with your childcare needs

Undervalued

agrinnall wrote: »

I'd say your choices are:

1) Explain the issue and hope that you can get a formal agreement not to work past 5:30
2) Leave at 5:30 every day anyway and see if they take any action
3) Resign and find another job that fits with your childcare needs

I would agree.

OP, how long have you worked there?

As you probably know, if it less than two years they can dispense with your services without even giving a reason.

If you have worked there more than two years and they were to sack you for leaving promptly at 5.30 they you would probably have a valid unfair dismissal claim. However whilst that may eventually, after a lot of hassle, get you some compensation it probably wouldn't be all that much and you would still be without a job. Also, they probably wouldn't be stupid enough to give this as a reason which would make things harder.

So, realistically it is a case of reach an agreement with them or look for another job.