Unpaid reporting to work early 24 February 2022 at 4:54AM in Employment, jobseeking & training 15 replies 1.1K views

Boovis

HI, I work for a retail agency that places employees in retail outlets. Due to clothing standards not being met by some past employees, one of the retail clients has requested that all agency staff report to an agency representative at a coffee shop nearby 15 minutes before the shift starts to ensure our clothing is of standard. We are not paid for this 15 minutes. As of today they have requested I report 30 minutes before shift, again unpaid. Are they allowed to do this? Can I claim the time from them as paid time? To further complicate this, I am on UC and am concerned this will be classed as unpaid work and have written a note to my work coach asking if it would affect my payments as, of course, any time I am not working for my agency should be covered by UC so am thinking they wouldn't be too happy covering me for this time. Thank you in advance for any help anyone can give on this.

getmore4less

Would it take you below minimum wage?

Issue is don't do it they not give you shifts

Boovis

It wouldn't, and yes they would withdraw any shifts if I didn't attend. But, still, my main concern is whether it's legal and whether they should pay me for this time.

Undervalued

Boovis said:

It wouldn't, and yes they would withdraw any shifts if I didn't attend. But, still, my main concern is whether it's legal and whether they should pay me for this time.

In effect this is reducing your hourly rate of pay as you are having to be at "work" for longer.

If the extra time counts as work (and I am not sure it does) it would only be unlawful not to pay you for it if it takes your total pay (for both the working time and "coffee shop time" added together) below the national minimum wage.

There are plenty of similar examples even when people are directly employed without an agency. For example, if a shop opens from 9 to 5 then the staff have clearly got to be there a bit before and after those times (say 8.45 to 5.15). Providing they are getting more than the NMW then it matters little whether the extra half an hour is paid or just included in a higher hourly rate for the hours the shop is open to customers.

Equally in many professional fields, especially for more junior staff, working many more hours than contracted is not just expected but the only way to progress your career.

elsien

Half an hour seems ridiculously early just to check what you are wearing.
Are they expecting you to do anything else in that half hour? 

TELLIT01

Have they explained why it is now taking 30 minutes to check somebody is properly dressed for the job?  Is this now required of all agency staff, or are you thought to be a particular 'problem'?

From a personal viewpoint, I would feel insulted if an employer/agency felt I didn't know how to dress for work.  They should be taking action against those who fall short, not use the scattergun approach and affecting everybody.  Unfortunately it seems to be becoming the norm as management seem terrified of being accused of some form of discrimination.

[Deleted User]

Inform them you're an adult not a primary school pupil and you intend starting work appropriately attired in accordance with their dress code policy and in time for your shift and wages starting.

What has been the issue?

Jaybee_16

TELLIT01 said:

From a personal viewpoint, I would feel insulted if an employer/agency felt I didn't know how to dress for work.  They should be taking action against those who fall short, not use the scattergun approach and affecting everybody.  Unfortunately it seems to be becoming the norm as management seem terrified of being accused of some form of discrimination.

Agree with the view here.

Savvy_Sue

Undervalued said:

Boovis said:

It wouldn't, and yes they would withdraw any shifts if I didn't attend. But, still, my main concern is whether it's legal and whether they should pay me for this time.

In effect this is reducing your hourly rate of pay as you are having to be at "work" for longer.

If the extra time counts as work (and I am not sure it does) it would only be unlawful not to pay you for it if it takes your total pay (for both the working time and "coffee shop time" added together) below the national minimum wage.

It doesn't take you below NMW, so not illegal, although I would partially disagree with Undervalued and say that it does sound as if it counts towards the no. of hours which have to be taken into account when the NMW calculation is carried out. (Can you tell I was at an HMRC webinar on just this topic the other day?)

How much do you need the job? Are you in a union? You'd get a much more reliable answer from them if you were ... 

bartelbe

The problem you are facing, is as an agency worker you are very easy to exploit and the laws protecting you are about as useful as a chocolate kettle. If you complain about this something might be done but a more like outcome is you will go to the back of the queue for jobs and the agency will stop finding you work.

Alas your only viable option is to either tolerate it or look for a new employer.

Grumpy_chap

I never heard of this type of thing before and it seems unusual.

As others have said, if you still receive NMW or higher even allowing for the extra time, it is not illegal.

When you all (how many?) meet at the coffee shop, does the company provide / buy you all breakfast?  I was just wondering whether the company could spin this as a team morale boosting exercise.  Obviously, it is not working like that in your case, but that could be their aim.

If a large group are meeting at the coffee shop and no one is buying anything, won't the coffee shop soon turf you all out?