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treated unfairly
Nicky321
Posts: 1,426 Forumite
My daughter works as a bar supervisor, her employers asked another bar member (higher up the ladder than my daughter, but on less money) to stay over and run the pub while they were away on holiday. My daughter has worked there longer and was also asked and agreed. It now turns out that the other member has worked less hours by getting other people to cover her shift, but she has still taken pay for these shifts. My daughter has done extra shifts in this period for which she has been paid. Now it turns out the other member is being given 1/2 of the management fee for staying over and my daughter nothing! The owner of the bar has insinuated that my daughter has stayed over on her own accord and offered (not been asked). She is close to breaking point as she feels she has been treated unfairly over this. She is seriously considering handing in her notice. Is there anything she can do? If she does resign, will she be unable to claim benefits while looking for another job?
Thanking you in advance. x
Thanking you in advance. x
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Comments
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What evidence does your daughter have that she was asked to stay over rather than just doing it of her own accord? If there's nothing in writing and no witnesses who are prepared to support her side then it'll just be a "he said, she said" situation that she won't win. So she needs to consider whether it's worth resigning over - and you're right that she won't be eligible for JSA. For what it's worth I'd say stick it out but look for another job so that at least she's being paid in the meantime.0
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it was verbal, they asked she agreed, now they say she wasn't asked, she just offered
(so it would be hard to prove)
it makes my blood boil, she is the one that steps in to do the extra shifts, many at extremely short notice and this is how they repay her. I did say stick it out and look for alternative employment, but like i say she is close to breaking point, she has worked at the same place for several years and each landlord/relief landlords have been bad and treated their staff like $h!*, but she thought these landlords were different. I guess she will live and learn.0 -
If something like this puts her close to breaking point then she needs to get some help in keeping things in perspective. Life isn't fair, but this isn't such a big deal is it? If she's unhappy then she should search for a new job, but not leave until she has found one.0
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Could she also ask for future requests for extra shifts to be put in writing? She could make the point that she believes she was asked to stay over, but this was obviously a mistake (ha!) and she wants to avoid such 'mistakes' in the future.Ex board guide. Signature now changed (if you know, you know).0
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I agree that in future, if sahe is asked to do something like this, she should either ask for it to be confirmed in writing, or else confirm it in writing herself (e.g. a quick e-mail saying someting like "following on from our convesation this morning, I just wanted to confirm that I am willing to take on additional shifts and to stay over at the pub on [dates] while you're away, as you asked. I understand that I will be paid at my usual hourly rates for the extra shifts and will be paid [whatever was offered] for the nights I stay over")
When she was asked to stay, was there any discussion of what the arrangemetns for payment would be?
It sounds as though she was paid for her extra shifts, so the fact that the other employee chose to delegate some of heres is nothing to do with your daughter and is not relevant.
If she was not paid at all for the time she stayed over then I think it would be reasonable for her to raise with the employer that as far as she was concered, she had agreed with them to stay and that whether the suggestion came from them or from her, there was never any suggestion that this would be voluntary, so even if their understnading is that she offered, they should be paying her for that time, as they could of coruse have told her it was covered if they did not want or nede that extra cover from her. If the 'satying on' is the same as the extra shofts then she has been paid, so why would she expect to be given a bonus as well? What additional taks was she doing in addition to her normal work?
If she can show that she was doing extra work on top of her normal work then it would be reasonable for her to raise that with her employer, but in future it would be more sensible for her to ria rhe issue and ask what the arrangemetns are before the event, rather than afterwards.
Is she unhappy becuae she feels she was treated differently to the other worker, or is she saying that she did work which she has not been paid for at all?All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)0 -
thankyou for all the replies, will pass them on x0
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thanks for the idea0
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But surely doing extra shift doesn't mean 'running' the pub. Could it be that although she did more hours, they felt the other staff got more of a handle over the management role that needed to be taken up whilst they were away?
I agree with Tomtom, it might be frustrating, but it is life and something you learn from, not worth giving up an income over.0
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