Overtime policy - unpaid overtime

[sabre198]

My girlfriend has just recieved a disciplinary at work for "breach of company security procedures". Story is this:

She works salaried @ 10am-7pm at well know high street fashion retailer called something like "old listen". She has been told that they have to stay behind to tidy the shop floor after the store closes and frequently has to stay 15-30 minutes beyond her 7pm finishing time. In the past they have been told that legally the store can make them stay up to 15 minutes unpaid overtime.

Yesterday the girls were queued up ready to leave the store (the manager has to unlock the back doors so they can go) at 7:10pm when the manager tells them the till are down and they will have to have bags checked. My girlfriend says fine, but it will have to be done before 7:15 as she is going then. the manager then starts messing around in the office and at at 7:15 the girls "jailbreak" out the fire escape after repeated requests to the manager to let them go. Today they are all up for disciplinary under "breach of company security procedures" for not submitting themselves to a bag check.

I am convinced this is wrong, however can anyone give me some more info on how long an employer can make you stay unpaid past your salaried hours. I have requested a copy of the company overtime policy. My girlfriend asked for a copy today and the manager now says they dont have a "copy" but head office has told her she can make the girls stay up to 20 minutes extra to tidy the store. unpaid of course.
thanks in advice for any help

[scotchjim]

check her employment contract.....

It’s quite common to see a clause in an employment contract stating that you will work a basic 37 hour week plus such additional hours as may be required for the proper performance of your duties. This means that you employer can require you to work additional hours without additional pay. There is no entitlement to paid overtime or time off in lieu unless your contract says so.

[elche]

Originally Posted by scotchjim

check her employment contract.....
There is no entitlement to paid overtime or time off in lieu unless your contract says so.

I agree that this clause may exist but this is normally in the contract of a more senior employee one with 'autonomous decisionmaking powers' and hence some control over working hours. I'm not sure if I agree that there is no entitlement to pay in the situtaion as described in the OP, although I agree that some employees regularly may finish 5-15 mins late by the time they have got changed and left a sometimes large building etc

BUT tidying a store = work for which an employee should be paid.

If your GF earns min wage then essentially works extra 15 mins each shift then this could = employee receiving less than NMW enforcebale by HMRC and dismissal for complaint re this = automatically unfair.

I would begin to keep a diary of the exact extra time your GF is forced to work this could be viewed as an unlawful deduction from wages.

Check what the staff handbook / contrat exactly says re pay.

If your GF has worked there over 1 year consider submitting a grievance

Shame on you 'old listen' trying as usual to squeeze every penny out of an already poorly paid workforce

[sabre198]

Thanks for the advise, we will begin to keep a log of this from today. I have her contract in front of me the relevent section:
ADDITIONAL HOURS:
Reasonable effort will be made to give you advance notice, should you be required to work additional hours. These hours will be at your normal rate of pay until such time as your weekly hours exceed 40. Thereafter you will be eligible for either time off in lieu or payment at your normal rate.

and from the handbook:
ADDITIONAL HOURS:
If you work more than your contracted hours you will be entitled to:
<40 hrs = pay @ basic or TOIL
>40hrs = TOIL
Note: it is part of normal management responsibilities for managers to work some additional hours . No extra payment will be made for additional time worked, however in exceptional circumstances, time of in lieu may be approved. Continually working excessive hours is not encouraged.

Update: the girls had their "counselling forms" today (one down from disciplinary) for:
1. breach of company security procedures (walking out back door setting off alarm)
2. failing to carry out reasonable instruction from your line manager.
3. leaving shopfloor at end of night before manager has inspected it.

disgraceful really and there is no time logged for these incidents on the form (when work hours were over!). One of the girls phoned head office HR to see about the 20 minute rule and was told employees must not be kept no longer than 5 minutes unpaid, and all overtime should be paid. My girlfriend has worked there for 2 years @ NMW 5.52.

I told her not to sign the counseling form but the silly cow has under pressure from management. One of the girls has raised a grievance in the counselling interview but was told again she can be kept for up to 20 minutes (which disagrees with HR phonecall).

Should they just walk out again at 7.10pm or keep raising this further. Last year I was on the verge of calling the cops after sitting outside waiting for her until 7:30pm as they are locked in. Would be a great one for the papers.

[Zamzara]

If she's only getting NMW, there is no argument, she has to be paid for every minute.

[Conniff]

There is also the safety issue of being in a locked building.