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Rant Is this legal? what do I do?

Discussion in 'General' started by modfx, 28 Oct 2012.

  1. modfx

    modfx Loft Gremlin

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    Hi, I'm getting a bit of grief from my employers at the moment and wondered if there was any chance you guys might be able to offer some advice, I've looked on the CAB website but I'm still not sure.

    Ok, so long story short, I've started work at a new place, not by choice, but rather the unit for my old companygot bought out and the staff have been transferred over. First week after training they stick us in a random store whilst the refit is underway.

    They refuse to give me a Rota, I have to ask my shifts every day

    They still havnt paid up for my training hours, or hourly bonus

    First week there they made me work 6 days, I was not told this until halfway through my fifth shift

    Second week, eight days, I've only found this out yesterday after working 6 days and badgering the manager all week, with the reply I'll let you know later each time. I eventually cornered him as he was going home (he still seemed reluctant to tell me)

    Two girls who I have worked with for several months prior and know to be pretty tough and very hard working have been forced to tears, in other words its not just me that feels the companys treatment of staff is unfair.

    People have already walked on the basis that theres only so much they can take

    It is a regular occurrence for the store to still have staff in, doing end of day procedures an hour after their shifts finished and the company refuses to pay for it (with 4 on close, that's 24 unpaid hours a week)

    Oh yeah, my days off were meant to be part of my annual leave, which was authorised in June.

    Can I demand a day off? Can they even do this?
     
    Last edited: 28 Oct 2012
  2. Shirty

    Shirty Time travelling rogue Super Moderator

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    Unless you are salaried or have a contract which specifically stipulates otherwise, then you are entitled to be paid for the hours you work.

    As for the confusion over shifts, the best thing to do is get a group of you together to ask the management if there is any reason a rota is impossible to achieve. Perhaps ask if there is anything you can do to help?
     
  3. modfx

    modfx Loft Gremlin

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    All of the staff who are waiting for the new fit have asked several times without any luck, the attitude seems to be, "you will work what shifts i give you, now stop asking too many questions" I have no problem taking it well over their heads if need be, but I don't know what I can and can't kick up a fuss about.

    Also, I'm hourly, even my bonus is hourly, for 35 hours a week.
     
  4. ch424

    ch424 Design Warrior

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    What's happened to you sounds like it should be illegal, but I don't really know enough about it. Try ringing the CAB or dropping in at one of their centres?
     
  5. Fantus

    Fantus Nothing to see here...

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    How are your hours worked recorded? If you use a clocking-in/out system then how much work you've done can't be argued and HR should be able to see that.

    Have you got contacts for the company's HR/payroll department? That would be my first call if I wasn't paid what I should be.
     
  6. Flibblebot

    Flibblebot Smile with me

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    You can't work eight days without break, that's against the European Working Time Directive which says that you must have"A weekly rest period of 24 hours uninterrupted rest within each seven day period" - you may have a 48hr rest period in every fortnight of working, but that is something that your employer should have told you and you signed up to (they can't just enforce it on you without notice).

    If you have been transferred to a new employer as part of an acquisition or transfer of business, your contract transferred intact and unchanged under what's known as TUPE regulations (Transfer of Undertakings, Protection of Employment) - this means that your contract, pay rate, agreed holidays etc. are transferred to your new employer without change.

    You should definitely be speaking to the CAB or a union rep if you have one.
     
  7. MrDomRocks

    MrDomRocks Well-Known Member

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    Thats very true, do you have a copy of your contract? It has all the details regarding hours, holiday, statutory time off between shifts etc
     
  8. modfx

    modfx Loft Gremlin

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    CAB is my first stop tomorrow morning and there's no 24 hr line otherwise I would have spoken to them yesterday.

    As far as hours go, they are simply written down and faxed off, there is no clocking in system.

    I thought that it was 6 days before a 24hour rest, when I brought this up, I was simply told, our week is Thursday to Thursday, so apparently they can do that. Doesn't seem right to me.
     
  9. Nexxo

    Nexxo Queue Jumper

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    Read your employment contract. Join a union. Speak to free legal advice.
     
  10. TaRkA DaHl

    TaRkA DaHl New Member

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    Hah, 16 days straight last month working for a retailer. In the region of 65 hours the first week and 68 the second. Also don't get my shifts for the next week (sunday-saturday) until friday evening.

    So I am quite used to this issue, just keep putting pressure on, join a union if one is available and get them to put pressure on. And if it is not in your contract, they really can't do much if you say no. So get a copy, and get clued up as to what you signed.
     

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