Zero hour contract and unpaid hours

Sheveko

My partner has a job under a zero hour contract. They pay her a daily rate which works out to minimum wage for her 10 hour shift. However she is routinely made to work past these hours because she often has to wait for people to leave before finishing up what she needs to do.

This effectively means she is often paid below minimum wage. She tells me somebody has also been fired for going home when their hours are up and not finishing up.

How do you suggest we go about challenging this without losing her her job?

Undervalued

Sheveko wrote: »

My partner has a job under a zero hour contract. They pay her a daily rate which works out to minimum wage for her 10 hour shift. However she is routinely made to work past these hours because she often has to wait for people to leave before finishing up what she needs to do.

This effectively means she is often paid below minimum wage. She tells me somebody has also been fired for going home when their hours are up and not finishing up.

How do you suggest we go about challenging this without losing her her job?

In the real world, with great difficulty I'm afraid. In theory she would be protected as it would automatically be unfair dismissal and there is no minimum qualifying period for a claim relating to a statutory right.

Frankly I'd look for another job. If she keeps a detailed log she might possibly consider making a claim for the extra money after leaving. There is a fair chance they would settle rather than fight.

Sheveko

Undervalued wrote: »

Frankly I'd look for another job. If she keeps a detailed log she might possibly consider making a claim for the extra money after leaving. There is a fair chance they would settle rather than fight.

That's a great bit of advice, thanks.

I'll be prepared to fight it too if the time comes. I can look after her financially easily enough so that's not a big problem. Just !!!!es me off that they do this to people, they really ought to be ashamed.

getmore4less

If this is regular finishing late, negotiate starting later or TOIL for the over hours.

It is not just the hours there is also the extra holiday that is due.

A tip off to HMRC they are responsible min wage issues.
helps if this is happening to others as well so the employer can't pinpoint the complaint

Sheveko

getmore4less wrote: »

If this is regular finishing late, negotiate starting later or TOIL for the over hours.

No chance of that unfortunately. They're also one of these employers that puts pressure on employees to accept a certain amount of regular work each week, despite the fact that zero hour contracts aren't meant to obligate the employee to any hours.

sammyjammy

Do they clock in and out? they sound dreadful. I think you need to start building a case against them by logging everything, could she take a picture of herself under a clock at work every day when she gets there and leaves - probably not easy but may help if they dispute the fact she worked over the set hours.

I don't know the detail but if she works regular hours every week and has been there for two years or more surely she has the same rights as anyone else?

Sheveko

Yes, she's able to keep an official record of her hours. The thing is it's all so entrenched in the culture they don't even try to hide the fact that people are working more hours than they're paid. They think they're doing her a favour.

Couple more things came to light discussing it with her last night.

She has a 10 hour shift but, after doing a few shifts, wondered why the shift hours add up to 11. Turns out she's meant to have a 1 hour unpaid lunch break but this is not possible because she would have to get someone to cover her for her lunch break. They've even tried to justify this by arguing that for various (short) periods throughout the day she is sitting down on standby. Oh thank you lord employer, for letting me sit around waiting on your a*se while you don't pay me!! She responded by pointing out all the things she's happy to do in the down periods, such as organising various things, etc. I would have told them to go $!%@ themselves.

Turns out they're also pressuring her to sign an opt out of the 48 hour week limitation.

Sounds bad but I get the feeling this is all standard for companies using zero hour contracts. A lot of the employees are young and/or easily exploitable so it mostly goes without challenge.

Welcome back to Dickensian Britain.

andygb

Zero hours contracts are currently the most immoral working practice in the UK in my opinion, and are used by many employers to maximise profits at the expense of the health and well being of the employees.

getmore4less

The alternative if they get outlawed would be far worse for employees.

1hr variable contracts.

With a zero hours both the employer and employee have the flexability.

You can work at other places
You get holiday pay for all your hours.
You can have as much time off as you want.

The employees have a lot of power if they want to exercise it but most just let the employer walk all over them.

There are places that use them very effectivly eg. NHS.

getmore4less

Sheveko wrote: »

Yes, she's able to keep an official record of her hours. The thing is it's all so entrenched in the culture they don't even try to hide the fact that people are working more hours than they're paid. They think they're doing her a favour.

Couple more things came to light discussing it with her last night.

She has a 10 hour shift but, after doing a few shifts, wondered why the shift hours add up to 11. Turns out she's meant to have a 1 hour unpaid lunch break but this is not possible because she would have to get someone to cover her for her lunch break. They've even tried to justify this by arguing that for various (short) periods throughout the day she is sitting down on standby. Oh thank you lord employer, for letting me sit around waiting on your a*se while you don't pay me!! She responded by pointing out all the things she's happy to do in the down periods, such as organising various things, etc. I would have told them to go $!%@ themselves.

Turns out they're also pressuring her to sign an opt out of the 48 hour week limitation.

Sounds bad but I get the feeling this is all standard for companies using zero hour contracts. A lot of the employees are young and/or easily exploitable so it mostly goes without challenge.

Welcome back to Dickensian Britain.

that is not legal as it counts as working time and needs to be paid the NMW, they do need to have at least a 20min break where they can leave the workplace.

Sharon87

I would definitely report them to HMRC if they're not letting her have her breaks and then making her work through her unpaid break and overtime which makes her fall below the NMW. A tip off will kick them into shape!