Work closed due to systems down but staff not getting paid - this allowed?

Tornado70

Hi,
My wife went to work this morning (fast-food chain) and the systems are down so unable to open the store. They have all been told to stay but will not get paid until the store can open. This sounds very wrong to me (some have already been there several hours). Can they keep the staff there but refuse to pay?  Also, if they get sent home should they still be paid? She is on zero-hour contract.
 Any advice appreciated.

getmore4less

Paid while there,
They can be asked  to stay unpaid but you can refuse and just leave

depends if they want to get any future hours how they play this.

Zero hours offers of work that are accepted should get paid but most just ignore and send people home without pay even once the work period has started.

They can get other work always a good idea to have backup options where possible.

Tornado70

Thanks for that, pretty much what I was thinking.

robatwork

Tornado70 said:

Hi,
My wife went to work this morning (fast-food chain) and the systems are down so unable to open the store. They have all been told to stay but will not get paid until the store can open. This sounds very wrong to me 

It is very wrong - if she's there, willing and able to work, she must be paid. Best approaching this en masse with the employer rather than just her.

Brynsam

robatwork said:

Tornado70 said:

Hi,
My wife went to work this morning (fast-food chain) and the systems are down so unable to open the store. They have all been told to stay but will not get paid until the store can open. This sounds very wrong to me 

It is very wrong - if she's there, willing and able to work, she must be paid. Best approaching this en masse with the employer rather than just her.

Morally yes, but depending on what her contract says, there is not necessarily any 'must' about it.

bartelbe

What the laws says and what the employer can actually do are two different things.

Your wife would be well within her rights to walk away but there is nothing to stop her employer from offering the minimum number of hours in her contract or no hours as a punishment. It shouldn't be like this but it is. Unless you're in a protected group, you effectively have no employment rights in many jobs in this country.

My advice is for your wife to do nothing and look for a better job. Lousy advice I know but probably the only realistic option in this country.

getmore4less

Brynsam said:

robatwork said:

Tornado70 said:

Hi,
My wife went to work this morning (fast-food chain) and the systems are down so unable to open the store. They have all been told to stay but will not get paid until the store can open. This sounds very wrong to me 

It is very wrong - if she's there, willing and able to work, she must be paid. Best approaching this en masse with the employer rather than just her.

Morally yes, but depending on what her contract says, there is not necessarily any 'must' about it.

Good chance they would fall foul of min wage legislation quite quickly having working hours unpaid. Also being zero hours they have te right to turn down work offers .

[Deleted User]

k3lvc said:

[Deleted User] said:

k3lvc said:

Is this a well-known coffee chain ? If so is she actually employed by them or by one of the franchisees ?

Yes, can you give us a hint, so that I can avoid them for being so unethical.

?? Are you the OP ?
How are you going to avoid them when you don't know until you're inside whether it's a company owned or franchised store or who the individual franchisee is ?

??????

[Deleted User]

They can't force her to stay as it's already agreed that she will get X per hour/shift etc and this is underpinned by minimum wage legislation.

Sounds like the employer wants to have their cake and eat it.

Probably the best approach is she politely goes home and offers to come in again when the system is fixed. 

thebrexitunicorn

Your wife and her colleagues might benefit from joining a union.