Advice on rules for young workers please.

justontime

My daughter is 16 and in sixth form doing A levels. She works part time for a branch of a large toy retailer. this involves a weekend shift and two evening shifts. She has a permanent contract and the evening shifts are 6-10pm. The problem is that she is never let out after her evening shifts until 10.40pm. They are made to restock and tidy the shop after it closes at 10pm, this is unpaid as they are only paid until 10pm. She can not just walk out because they are locked in. The store is on a retail park with no bus service at that time in the evening and for safety reasons a lift or a taxi is essential after work. I collect my daughter and I have to be there by 10pm just in case they come out on time, but she never does. Another young worker had a taxi waiting for 40 mins earlier this week (must have cost more than they earned on that shift!). I believe that the company is breaking the working time regulations for young workers and I also think the company is obliged to consider the specific health and safety risks for young workers. In many other ways they are good employers, but I think this is unacceptable. My daughter has spoken to her manager about it, but he just gets nasty. I don't think it would be helpful for me to get involved, but I would like to advise her, otherwise she will have to give up the job. Any ideas or advice please?

Conor_3

They aren't breaking Working Time Regulations but they are breaking the law on minimum wage as she is actually still at work.

Basically, she needs to tell the manager that either they pay the extra 40 minutes or they let her leave at 10pm otherwise it's a report to the authorities and the area manager.

If it were me I'd be getting my coat on at 9.55pm and be out the door at 10pm when they shut them. If they complained, I'd be saying my shift ended and I wanted to go home and by refusing to let me go home, they were UNLAWFULLY IMPRISONING ME and I would ring the Police.

But that's me and I've seen just about every trick over the years and don't tolerate them. I'd certainly be thinking twice about working for such a firm as they're basically getting 65hrs a year for free.

PasturesNew

"
At night, young workers will usually be prohibited from working between 10pm- 6am or 11pm-7am although some sectors are exempt (these include hospitals, hotels, catering businesses and postal or newspaper deliveries)."

So they shouldn't be working after 10pm, paid or not.

http://www.cnxnotts.co.uk/partners/employers/employing_yp.html#WorkingTime

justontime

The advice I have read stated that 16-17 year olds could not work beyond 10pm unless contracted to do so, in which case they could not work beyond 11pm and not again before 7am (there were some exclusions but none applied to my daughter's case). As she is contracted until 10pm surely the working time regs are stating that she cannot be made to work beyond that or am I missing something?

As far as the minimum wage goes, she is paid an hourly rate above the minimum for her age so they are probably not breaking the minimum wage legislation. I just want her to be able to come home at 10pm when her shift finishes or very shortly afterwards. I must admit that I got cross and told her to resign the other day, but it is perhaps not a good message re work skills to tell her to walk away as soon as something is difficult. Her sibling who is at university works for the same company and has had similar problems, but recently it has got worse. The one consolation is that the company changes managers more often than most people change their socks, so this manager causing this problem is unlikely to last long.

C_Ronaldo

A major sports shop retailer used to have a similar practice to what the OP described, my brother worked in said shop and they were made to stay behind for say 30/40 minutes after shop closed to do whatever jobs needed doin, the extra time wasnt paid so the shop got say 3 hours a night of extra work from the staff that stayed behind, if your told about staying behind for say 30 minutes to tidy up etc when you go for the interview then its ok, a certain german supermarket has the staff stay behind for say 30 minutes but its paid work so thats different,

your daughter needs to decide if its worth working there or not,

how many young workers are aware of these rules that apply to them

Gemmzie

Not enough.

I have to stay to cash the tills after every shift, at least 30 mins a week. Unpaid. I thought that it was allowed?

Our under 18s don't work past 10pm though - they have to have a signed sheet from their parents if they are doing the 11pm finish, 7am start instead.

justontime

Today they kept my daughter 40 mins late (unpaid) for a fire drill. That means in the three sessions she has worked this week she has worked 1 hour and fifty minutes unpaid, and she is expected to arrive a bit early for a briefing before each shift as well! I know that she could resign, but does anyone have any other suggestions please? She is contracted to work 15hrs per week in total, 2 evening shifts and a Sunday

LittleVoice

OP's daughter has a grievance which should be raised according to the company's procedure. She should establish what this is and follow it.

hullight

I reckon companies like this who employ young people expect those who know and fight for their rights to be in the minority. My employers gave me a form to opt out of the 48 hour maximum working week. I told them that as I am 17 I can't work more than 40 hours a week.

They should teach workers' rights in schools...

caeler

If you daughter is confident enough then she needs to have a word with her supervisor to explain that she is only contracted to work up to 10pm. Depending on how she gets on then she would have to quote as above the working time directive and show that her employers are breaking the law by detaining her. If she would prefer you get involved, request a meeting between yourself, your daughter and the manager and get it sorted.

I wonder if this is how they get round Working Time Directive -stating on the contract the hours up till 10pm then making them work beyond.

Its terrible. Hope it works out.

Tribulation

My daughters 16 and at college. Her college recommends that no student works for more than 12 hrs per week so as to allow them enough time to study and rest properly.

Trouble is it's a recommendation, not a law.

It is wrong to work the extra 40 mins but it's something that a vast majority of people do throughout their working life. I've worked at numerous places where people have been prepared to work through all or part of their lunch breaks. Those that choose to take their lunch breaks aren't stopped from doing so, but are also never promoted and are first to go if there's any lay offs. Totally wrong, but not a lot anyone can do about it.