Expectation of unpaid work

Dr_Wu

Hi

My daughter who is a student (age 20) has a part-time job at a local gift shop.

She has been told that she must arrive at work at 08.45 to open the shop but will not be paid until 09.00. Equally, she is not allowed to start cashing up/cleaning until 18.00 when the shop closes meaning it is impossible for her to finish earlier than 18.15 (obviously again she is only paid until 18.00). So half an hour unpaid work each shift.

She also has a contract for 4 hours but every week is asked to work at least 12 meaning effectively that the owners can get away with paying her less holiday entitlement.

Clearly her employers are 'at it' but my question is, is there anything realistically she can do about this?

Thanks in advance

Undervalued

If her pay for the total time worked (including the "free" bits) falls below the national minimum wage then she may have a claim.

Generally holiday is not accrued on "overtime". Are these hours over and above her contract optional?

Dr_Wu

Undervalued wrote: »

If her pay for the total time worked (including the "free" bits) falls below the national minimum wage then she may have a claim.

Generally holiday is not accrued on "overtime". Are these hours over and above her contract optional?

Thanks for that. The minimum wage idea is a good one.

Re holidays: That's rather the point. Her contract is for 4 hours ( don't know what 'contract optional' means) but she is expected to work say 12 hours so does not accrue holiday on the 'overtime' so it allows the employers to dodge paying for a fair amount of holidays

dacouch

Have Sports Direct moved into the Gift Shop market

lrb_2

In my experience, that's common practice in retail, in particular for small shops. I'm not saying is right, but is common practice.
The only place in which I ever got paid for the actual amount of time worked was Primark.

In my current job, I normally have to start 30 mins before my actual shift starts, to count the float and prepare for opening. The same happens at the end of the day, when I have to stay pass my paid time to cash up and lock up.
I'm working for a charity shop, so I don't mind too much. But in all the retail jobs I've had it's always been the same.

sangie595

I agree that it isn't right, but it is common. But just to add, in relation to the "can she realistically do anything", having a claim and having a job are often mutually exclusive. If she wants to stay in the job she probably has to accept this is the way it is. Best to look for another job, and when she is free and clear she can decide whether to make a claim - bearing in mind that she wouldn't want a new employer to know that she is in the habit of making claims against employers, so if it is likely that any new employer and the current one might talk, it may be best to give it up. Perhaps take it as a lesson in life - work often isn't fair, but there are things you can do to improve your chances of getting a fairer deal. She's young - so don't waste a bit of that education, or career opportunities. These are the things that help you get to the sorts of jobs that are "better" and may be less likely to make such demands (although bear in mind that unpaid overtime happens in lots of jobs these days, even very good ones). Make sure you are in a union or have good legal insurance for when things go wrong. That way she will hopefully be able to never be put into the situation she is in now when work is full-time and (it will seem) never-ending!

kazzah

when I worked in retail - it was accepted practice that you were on the shop floor 10 minutes prior to opening and 10 minutes after closing.
we were told that before accepting the job when given details of our salary etc.