not paying staff for opening and close

squizz11

my sons girlfriend works in CEX she had to get there 15 minutes early to open and she has to stay 15 minutes to half hour to check the tills and close down,  she is only paid for the time the shop is open.
Is this legal
she is on a zero hour contract and it's a franchise.
The woman who owns the franchise is never there and there are no actual managers just supervisers.
if she rocks the boat she will probably lose hours

getmore4less

An employer can pay £0ph for some hours as long as mIn wage rules are followed.

Start looking for other work they can't stop you taking on anything 

TBagpuss

What's her hourly wage? If the actual time she is working means that she is paid below minimum wage then they need to pay her to bring her up to min. wage for the time she works. However, if she's paid over min wage so that the actual amount she is paid covers the total hours she works at minimum wage rates, , it's not illegal. 
What does her contract say, and who is telling her she has to work the extra time? 

squizz11

not sure on her contract we will have to dig it out,   she is on the minimum wage so 8.70 going up to 8.91. 
they try and employ 18yr olds as they are cheaper 

Puddings

As she is on the minimum wage then working the additional 15 minutes x 2 each day unpaid will put her below minimum wage and that needs to be rectified! 

mrlegend123

she should be paid! 

74jax

squizz11 said:

not sure on her contract we will have to dig it out,   she is on the minimum wage so 8.70 going up to 8.91. 
they try and employ 18yr olds as they are cheaper 

Going forward she needs to make it known she needs to be paid or its illegal.
I'd be looking for backdated pay too.
They could of course then just let her go, so it's up you want to cause a fuss on the back payment. But going forward she needs minimum wage or I would look at reporting them.
If they do let her go, I'm sure you can claim for the pay owed. 

sammyjammy

Look for a new job, once she gets one she can claim the unpaid hours back from them!  As you say no point mentioning it yet, she needs to keep records of hours that she worked for no pay and evidence them if she can.

LudaMusser

When I worked at ALDI I had to arrive fifteen minutes early which was unpaid to check the float of the till

I don’t agree with instances like this as at the end of the day I was working. I left after three months

Strange how it wasn’t mentioned until I was employed. Just like when I had a job at a window and door manufacturer and your entire holiday allowance had to be taken during the factory shut down. They overlooked to tell me that too, again I left 

Undervalued

74jax said:

squizz11 said:

not sure on her contract we will have to dig it out,   she is on the minimum wage so 8.70 going up to 8.91. 
they try and employ 18yr olds as they are cheaper 

Going forward she needs to make it known she needs to be paid or its illegal.
I'd be looking for backdated pay too.
They could of course then just let her go, so it's up you want to cause a fuss on the back payment. But going forward she needs minimum wage or I would look at reporting them.
If they do let her go, I'm sure you can claim for the pay owed. 

Technically, if she were to be dismissed for insisting on a statutory right, it would be automatic unfair dismissal. The normal two year qualifying requirement would not apply.

What would be more difficult is if they just reduced her hours, particularly if they did so over a period of time, until she had none at all.

Personally, assuming she is not intending to stay there very long, I would keep quiet then hit them with a claim once she has found a better job elsewhere!

getmore4less

Always the of an anon notice to HRMC min wage help line if there are a few people not getting paid min wage.

Bet the franchise owner would love an investigation so they can get help understanding their legal obligations.