what are you rights

Xbigman

As long as your contract has some sort of catch all clause about working as required you will need to work as they tell you to. The only restrictions are in the working time directive, although you probably opted out in order to get the job. This is the nature of some jobs.

As for starting early it should be paid but can be a requirement of the job. The only thing you can do is work out your hours worked including the early start and make sure you are getting the minimum wage for every minute you are at work.

The extra time to go through security is an interesting point. This is what Sports Direct fell foul of. They paid the minimum wage but made all their employees go through security after they clocked out. Their employees were entitled to be compensated for that time and they were forced to give them back pay. SD now pays over the minimum wage but stipulates that the wage includes unclocked security checks, which is legal.
In your case working in a restaurant inside an airport I don't think this applies as security would be run by the airport and not your actual employers. Unless of course you are also employed by the Airport.


Darren

nicechap

Google the working time directive.

getmore4less

fedupwithwork wrote: »

Hello everyone,

I work in a restaurant in a airport and I was wondering what my legal rights are.

1. my boss says this :This is hospitality. Your shift finishes when you are not needed any more. This means that the finishing time in the rota is approx. as things may change. If there is a flight delay we may be required to stay longer as WE HAVE TO.

and he says this too.
Finishing times on rota are to be used as an indication of when you are to finish your shift. When this time comes, it does not mean that you simply go home. You must check with the manager on duty that all jobs have been completed to a good enough standard. If there is a delay on flights, then we remain open – There is no discussion with this.
so my question is do I have to stay if there is a delay and is my finish time on the rota approximate.

Those 2 are the same really finish time is flexible, and the reality is for that sort of location to be expected.

2. Am i required to come in earlier to change in to my uniform unpaid as this is what my boss says :Your shift starts when you are ready on the floor. Walking in the restaurant at 5:05 for a shift at 5:00 isn’t right. You should come in earlier, change and be ready to work at 05.00. Simple as that…
I used to wear my uniform into work but got told I have to change into my uniform at work because of my personal hygiene ( because I cycle into work and sometimes I'm sweaty.)

Putting on your uniform is work time and should be recorded as such.
Your work time starts with the first activity required by the workplace, clocking in, changing... edit: security
Putting away your bike and cycle gear is your time, from the time you are in "normal clothes", in the allocated place to change and start changing you are on work time.

Once you have a record of the working hours then comes the rates of pay for that time.
The rate can be Zero for any period they chose.

BUT your totals much meet minimum wage legislation.

Start of shift will be a "pick your battles" as it is very common in the industry and you want union backing on that one to deal with it collectively.

Post rota and early finishes is more clear cut the hours should be recorded as working hours, no on e is forcing any one the contract should reflect the flexibility required and how over/under hours in a pay period are managed and paid, some places use a flexible approach and pool the over under some always pay at least contractual and over time etc.

getmore4less

fedupwithwork wrote: »

suki1964 I don't handle food only work the tills and the sweat is only from my face/head( and I have a condition which is called Hyperhidrosis ). also like to point out that that we do anything from a 8 hours to 16 hours shift with more than often only 6 hrs rest between shift which is illegal as you require 11 hrs between shifts. And if there is a delay then your lucky if you get a break so why do we have to stay past our finish time have less than the required legal limit of 11 hrs between shifts (Ohh and we are doing a lot more hours than our contracted hours ).

The problem with that the legislation is just advisory as there is an exclusion in the legislation know as compensatory breaks.

http://www.legislation.gov.uk/uksi/1998/1833/regulation/24/made