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  • FIRST POST
    • fedupwithwork
    • By fedupwithwork 16th Apr 18, 8:47 PM
    • 6Posts
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    fedupwithwork
    what are you rights
    • #1
    • 16th Apr 18, 8:47 PM
    what are you rights 16th Apr 18 at 8:47 PM
    Hello everyone,

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

    1. my boss says this his 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.

    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.)
Page 1
    • fedupwithwork
    • By fedupwithwork 16th Apr 18, 8:51 PM
    • 6 Posts
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    fedupwithwork
    • #2
    • 16th Apr 18, 8:51 PM
    • #2
    • 16th Apr 18, 8:51 PM
    he also says: If there is a flight cancellation then you may be required to finish earlier. That!!!8217;s how it works.
    • WibblyGirly
    • By WibblyGirly 16th Apr 18, 8:52 PM
    • 366 Posts
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    WibblyGirly
    • #3
    • 16th Apr 18, 8:52 PM
    • #3
    • 16th Apr 18, 8:52 PM
    Hello everyone,

    <snip>

    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.)
    Originally posted by fedupwithwork
    Why do you think it is okay to start work 5 minutes late everyday?
    You need to be ready to be ready to start your shift at the designated time. This means bike, bags and coat put away and on the floor.
    • suki1964
    • By suki1964 16th Apr 18, 9:06 PM
    • 10,880 Posts
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    suki1964
    • #4
    • 16th Apr 18, 9:06 PM
    • #4
    • 16th Apr 18, 9:06 PM
    Ive worked in hospitality on and off all my life and thats how it works

    Last job as a chef, kitchen shut at 9. If I had a table of 10 walk in at 8:55, did we turn them away cos my shift was finishing? No way, even if it meant I was there till 11pm, I stayed to cook for them, then clean the kitchen to the required standard

    If my shift started at 10 am, I was there at 9.45am at the latest to give me time to change into my whites and sort myself out before I started

    When I work now Im in work at 6.50am to change for a 7am start, Finish time is when the orders are completed, Too bad if a big order comes in 10 minutes before my shift ends, I have to stay and get the order out and then clean up

    You should not be wearing your work clothes travelling to and from work if you handle food regardless
    if you lend someone £20 and never see that person again, it was probably worth it
    • Gavin83
    • By Gavin83 16th Apr 18, 10:27 PM
    • 5,036 Posts
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    Gavin83
    • #5
    • 16th Apr 18, 10:27 PM
    • #5
    • 16th Apr 18, 10:27 PM
    Do you earn above minimum wage?
    • fedupwithwork
    • By fedupwithwork 16th Apr 18, 11:04 PM
    • 6 Posts
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    fedupwithwork
    • #6
    • 16th Apr 18, 11:04 PM
    • #6
    • 16th Apr 18, 11:04 PM
    WibblyGirly no I'm not late every day in fact I'm proberly late once or twice a year and arrive at work 15 mins before my shift starts. but sometimes as we have to go through the same security checks as passengers we are delayed also we don't get to skip pass passengers that come early. I'd also like to point out that our boss is on a daily basis at least 5 minutes late but hey as our boss he can change his/hers start times. so if we start say 15 minutes of our own time earlier to get ready to start our shift the minute it starts shouldn't we also finish our shift 15 minutes early to get ready so we can finish our shift the minute it finishes.
    • jobbingmusician
    • By jobbingmusician 16th Apr 18, 11:10 PM
    • 19,114 Posts
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    jobbingmusician
    • #7
    • 16th Apr 18, 11:10 PM
    • #7
    • 16th Apr 18, 11:10 PM
    No, you work your contracted hours so that you start at 9 and finish at 5. You don't actually need time to change at the end of the shift in any case - you could wear your uniform home and wash it.

    BUT I think there's a better question you should be asking, which I don't know the answer to. It does seem unfair to me, particularly if you are on minimum wage, that you should be required to be at work 15 minutes early to clear security. I actually think this should be part of paid work time.

    Any views on this from anyone else?
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    • fedupwithwork
    • By fedupwithwork 16th Apr 18, 11:23 PM
    • 6 Posts
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    fedupwithwork
    • #8
    • 16th Apr 18, 11:23 PM
    • #8
    • 16th Apr 18, 11:23 PM
    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 ).
    • foxtrotoscar
    • By foxtrotoscar 16th Apr 18, 11:24 PM
    • 1,071 Posts
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    foxtrotoscar
    • #9
    • 16th Apr 18, 11:24 PM
    • #9
    • 16th Apr 18, 11:24 PM
    No, you work your contracted hours so that you start at 9 and finish at 5. You don't actually need time to change at the end of the shift in any case - you could wear your uniform home and wash it.

    BUT I think there's a better question you should be asking, which I don't know the answer to. It does seem unfair to me, particularly if you are on minimum wage, that you should be required to be at work 15 minutes early to clear security. I actually think this should be part of paid work time.

    Any views on this from anyone else?
    Originally posted by jobbingmusician
    Nope. It's part of their commute to work and should be factored into their travel time like the rest of the population.
    • fedupwithwork
    • By fedupwithwork 16th Apr 18, 11:29 PM
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    fedupwithwork
    Gavin 83 I believe we are now on £0.30 more than minimum wage.
    • fedupwithwork
    • By fedupwithwork 16th Apr 18, 11:38 PM
    • 6 Posts
    • 0 Thanks
    fedupwithwork
    I do know that if you contract is say 40 hours per week it is your employers legal requirement to provide them hours or pay those hours even if they don't give you your 40 hours as it's a breach of contract.

    As it is your requirements to work the 40 hours.

    so can a employer legally make you work over them or if your already working over them can they make your work more.
    • Xbigman
    • By Xbigman 17th Apr 18, 2:30 AM
    • 3,066 Posts
    • 1,314 Thanks
    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.


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    • nicechap
    • By nicechap 17th Apr 18, 3:18 AM
    • 1,043 Posts
    • 2,270 Thanks
    nicechap
    Google the working time directive.
    Quote was right and saw into the future.
    • getmore4less
    • By getmore4less 17th Apr 18, 8:54 AM
    • 31,906 Posts
    • 19,124 Thanks
    getmore4less
    Hello everyone,

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

    1. my boss says this his 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.)
    Originally posted by fedupwithwork
    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
    • By getmore4less 17th Apr 18, 9:03 AM
    • 31,906 Posts
    • 19,124 Thanks
    getmore4less
    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 ).
    Originally posted by fedupwithwork
    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
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