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Found 14 results

  1. Hello All , I have a an issue I was hoping you can advise me on ,I work in security and have been on same site for over 15 years and we have 6 security personnel and for the last 7 years I have been working nights. I am the night Supervisor and my shift pattern was 6 nights on and 3 nights off rolling roster and my opposite did 6 days on and 3 days off rolling roster , the other guards did a 3days/3nights and the 3 off. On March 2018 the building management changed and so did the security company and we got a "security manager" as well. The new building manager wanted a small change which did not really affect me ,which was that they wanted a permanant front of house guard monday to friday and the rest they did not care about. So we changed to suit them , the day supervisor did monday to friday days ,I changed to a thursday to monday 5 night shifts so no weekends as i wanted to keep my nights. Fast forward to today and the security manager wants to change the shift patterns for me ,he wants me to go an a rolling roster of days and nights which i do not want to do. Some pertinent info is that I actually never signed the contract the new company made for us and I think if he made me change shifts I would lose my supervisor position and associated pay. Also since the new security manager came 3 of the old guards have left and only 2 of us old guards remain , he has got his own people in now. My old contract from old company ,I have actually lost it so no idea what it states to be honest. I am not in any union.what are my options here ? PS I have not disclosed this to the company but one of the reasons I work nights is my son has kidney failure and is on the transplant list and I take him to hospital often and look after during the day. Thanks in advance for advice. Regards, Sengo
  2. Hi there, I recently fell asleep in a services area because I was too tired to drive. I then received a Charge Notice from the lovely people at CP Plus. Below is the relevent information for my case. Any help would be very greatly appreciated. 1 Date of the infringement 11/2/18 2 Date on the NTK 20/2/18 3 Date received: Didn't note, just screamed profanities. 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? No, it mentions the Data Protection Act. 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? I sent this email to MOTO which they kindly forwarded onto the appeals email. Good afternoon. My name is ..............., I am writing to you because I recently received a charge notice from CP Plus. I work in the railway and I was working at an area called Grately. I was driving back to Leyton in London where I live when I became too tired to drive and pulled over at the services area in MOTO Heston Services. I remember I was around 45 minutes from home at that time but I was just too tired to continue safely. I fell asleep almost straight away and woke up leaving the services area and overstaying by 32 minutes. I’m just an honest working guy and felt it was dangerous to continue driving. I’m appealing to you to please cancel this charge notice as it was an sincere mistake made in the sake of safety. he notice reference number is ................... I can supply any other supporting information that you may require to verify my case. Thanks for reading my email and considering my situation. Kind regards, ........ 7 Who is the parking company? CP Plus 8. Where exactly? MOTO Heston East I'm looking at an appeals template and it has this as a possible argument in it: Your Civil Parking Notice constitutes an invoice for payment. Accordingly your invoiced charge must include an element of VAT. However, your civil parking notice does not state either a VAT registration number or an invoice reference number and so cannot constitute a lawfully valid demand for payment. Any success, with this approach?
  3. Hi there. I wonder if anyone can clarify this for me please: I am employed by a council in Scotland. My shifts either run early 07:00-14:30 or late 14:15-22:00. As I understand the Working Time Directive, a worker is entitled to an 11 hour daily rest period between shifts. So, I should not be forced to work a "late" until 10pm, then the next day work an "early" starting at 07:00. I put this to my employer and they directed me to 2 parts of the WTD: 8.3 Where a worker is required to work beyond their scheduled finish time, and will not receive the full daily rest period, compensatory rest must be given immediately thereafter i.e. before the beginning of the next scheduled start time. 8.5 Where a shift worker cannot be rostered to receive the required 11 hours rest between the end of one shift and the start of the next compensatory rest must be given before the start of the next shift e.g. 10.30pm finish followed by a 07.30 am start. The 2 hours rest not received between these times must be given as compensatory rest before the start of the next shift, i.e. the subsequent rest period from the shift finish time must be for at least 13 hours before another shift can be rostered. They also said "as the requirement is an 11hours break after a shift finishes the next shift after a 10pm finish should start at 9am, if they had to start earlier due to operational cover at 7am they extra 2 hrs they lost from the 13hours break would be added to the end of that shift finishing time, so the 11hours break would then have the 2hours extra worked to ensure that there was then a 13 hour break from finishing the 2nd shift before the start of the next shift" An example of my rota for 3 weeks: Monday 3 Oct: 07:00 to 14:15 (EARLY) Tuesday 4 Oct: OFF Wednesday 5 Oct: OFF Thursday 6 Oct: 14:15 to 22:00 (LATE) Friday 7 Oct: LATE Saturday 8 Oct: EARLY Sunday 9 Oct: EARLY Monday 10 Oct: EARLY Tuesday 11 Oct: LATE Wednesday 12 Oct: EARLY Thursday 13 Oct: EARLY Friday 14 Oct: EARLY Saturday 15 Oct: OFF Sunday 16 Oct: OFF Monday 17 Oct: OFF Tuesday 18 Oct: OFF Wednesday 19 Oct: LATE Thursday 20 Oct: LATE Friday 21 Oct: EARLY Saturday 22 Oct: EARLY Sunday 23 Oct: EARLY I have highlighted the problematic shifts in red. Can someone please advise me if what my employer is saying makes sense in relation to my shifts, as I honestly do not understand the logic. It takes me over 40 minutes to travel to work each way (this is a new work placement, I was working closer to home but have recently been moved). Many thanks in advance!
  4. Sorry for the long post but here goes! I am due to start a new job on August 3rd and am working my current job up until then. I have had issues with my current job which have been highlighted to the store manager on numerous occasions. I have been signed off sick due to depression during christmas last year and returned to work to be given an incident report for 'not listening to management' which had never been raised with me prior and i disagreed with. I had another manager changing rotas last minute and then giving incident reports for not turning up when my rota stated i was off (this was later pulled my a new store manager) and various other incidents which have caused me a lot of stress. On sunday there was an incident where a customer didnt have a trolley token, i didnt have one and neither did the other two checkout operators. I apologised and told her i couldnt give her money out of my till in case it didnt come back (some staff do this for regular customers but i will not) i told her if she found someone on shop floor they could assist her. She then found the manager who proceeded to query whom shed spoken to and made comments i couldnt quite hear. When he returned from getting her a trolley i asked if there was an issue, and he started telling me i should have gave her the £1. So i said its my till and id get in trouble. He continued to argue with me as he walked off up the isle. The customer i was servinng at the time was disgusted with him. He later pulled me into the office telling me i backchatted him and he was my manager i do as he says, and made allegations of previous times when id 'shouted over customers' at him. I asked why he was allowed to speak to me like crap but didnt expect it back. There was a heated argument and in the end i lost it and told him to cash up my till i was going home and walked out of the shift. I went into work today and my shifts had been crossed off and my manager told me i couldnt work, walking out was gross misconduct, as was refusing to follow my managers orders (she showed me the following orders in the employee handbook though he never actually told me to give her money for me to follow, just stated i should have) I told her that i would have been in no state to work on the shop floor because if a customer was an arse (which i get daily) i was worried id snap. Im angry that they seem to play the gross misconduct card as and when the please. The manager in question had had previous complaints against his regarding his temper and the way hes treated a staff member (shes also leaving because of him) and he has allowed a staff member to remain on shift whilst she was intoxicated. To me that is gross misconduct on his part and the staff members. Im guessing i dont have a leg to stand on as i walked out but any advice would be great. I didnt want to leave under bad terms Thanx Rachael
  5. Hi all, Just a quick question; I've been off work for two weeks & wanted to rtw tomorrow, (I've worked there just over a year) not had any warnings / been late ect) Despite being told that was fine this morning I've just been phone by another person & told I cant rtw till I've been interviewed & an appointment has been made for Wednesday with the manager..… I've never heard of anywhere I've worked doing this… anyone else heard of this? Only thing I can think of that might be an issue is that I've emailed them whilst I've been sick (to let them know I was going to dr's & that I would be off, also let them know what was wrong/what was going on next dr's appointment ect) emailing was easier than trying to ring as no one answers the phone & meant I had proof I'd been in contact Thanks for any help x
  6. I have recently been off work with depression for 3 months, I work shifts with 5 other people used to be 12 but they cut us to such an extent and then added more work that it made me ill. I am also a full time carer. they are now offering me a return to work with different hours I have mentioned that I would feel better just working nights and weekends where my sisters could help more with the care of my disabled mother thus giving me more breathing space. However one of my colleagues has complained that they should have a say in what shifts/hours are being offered to me if i return full time which i hoped to do. He thinks that my manager should not be offering me anything without discussing with the rest of my colleagues what they are prepared to work. If that is the case then I cannot see me going back at all I thought the policies were there to help not for my illness to be discussed by the group
  7. if my first shift begins at 0400hrs and my employer tells me (with only 9 hours notice...) that my next shift day will start at 0745 hrs, is this legal? does it not have to be 24 hrs notice if the start time changes more than two hrs either way of ( 0400 )? and, does the first shift day then count all week, ie; on the fith day the employer still cannot change the time by more than two hrs ( without 24 hrs notice ), either way. basically, can my shift start time be changed by more than two hrs without 24 hrs notice? thanks
  8. Hi guys I have a query regarding overtime rates for employees who receive a shift premium, i have scoured the internet but can't find anything relevant. I receive a shift premium for working day/back/night shift, averaging out at 37 hours per week, over 8 weeks. When I work overtime on day/back/night shift, my payment is calculated based on my basic salary, without shift premium. I would assume that my premium is paid for my contractual 37 hours a week and any further shifts I work in overtime should include an additional premium for those hours. Can anyone confirm if this is right and direct me to some legislation relating to it. Thanks in Advance
  9. Hi, I work for a company that uses an electronic swipe box for employees to clock in and out at the start and end of their shifts. Failure to clock in and out correctly falls under misconduct, i.e. Not registering at the correct time of starting and leaving, forgetting to clock in or out or forgetting all together. Recently we have come under a lot of pressure to ensure that 90% of the clock ins and outs are accurate; so we are there when the staffing system thinks we should be. As a result of this the management team have implemented a one strike policy; if you forget to clock in or out you will be given a warning and if happens a second time the entire shift will be unpaid. No where in the misconduct or even gross misconduct policy does it state non payment for a shift can be used as a punishment. I was wondering if they have any legal power to implement this policy seeing as a workers rights to pay seem to be pretty clear cut: adviceguide.org.uk/england/work_e/work_rights_at_work_e/rights_to_pay.htm I understand that if I am late they have no obligation to pay me for the time I was not there, but the entire shift seems disproportionate. Any advice or insight on this would be greatly appreciated.
  10. I work backshift, driving for a total of 5 hours, It is not possible for me to have a break during my 'run' which starts 2 hours into my shift. Am I entitled to a break before my 'run' starts.
  11. I would really appreciate some help with permitted working hours. Today I go to work for a 7 hour shift 3-10pm. I am then required to sleep over on the premises for a flat rate of £31. This does not change if I am disturbed. I then resume work at 8.30am until 1.30pm. I find this regime exhausting. Regardless of how often I am required to do this does my employer have the right to ask this of me. Many thanks for any help you can offer. I am in the process of joining UNITE also in case they might be able to help.
  12. Let me start by saying when I started with this company, 10 yrs ago, I signed my contract agreeing to a 2 weeks notice for shift change, as you do if your wanting the job, anyway..... In August of last year 65% of the company was bought by an equity firm......which has been making various changes and thinning out management. Now I think its our turn as warehouse associates. In November we were told that 12 of us on 7-3pm shift would be transferred to either 3-11pm or 11-7am shift...we were then given the names, I was included, we had been chosen because since January we had all been off sick, I had a broken rib. The union put in a 'Failure to agree' notice in which quoshed the motion for the immediate future. The reason for the move is because they feel the other shifts need more permanent skilled staff, as it is mainly agency driven, and they of course leave when a permanent job is found. The 12 chosen were all on legacy wages £9.10, whilst not one of the core earners £7.75 were picked. Now last month they advertised 60+ permanent jobs in the local paper and these would be set on core wages, we feel they are trying to get rid of the legacy workers by making it as difficult as poss for us. Also another warehouse close by closed which left 60+ unemployed these work for the same company as us but on an even lower wage £7....they are being interviewed for our warehouse but on whatever shift they like and when asked why can't they go on the other shifts, it is because their jobs are at stake as they will be made redundant. We are being told that we will have one to one consultations with managers to put our cases forward for not doing the shift change....well here's mine see what you think. I don't drive and get to work using, to a varying degree, a network of colleagues who either live in or go through my village but 99% of the time it is one friend. There are no buses at 11pm and even if there were I would not be wanting to walk from the village center to the warehouse at that time of night, along a long stretch of quite dark road, anyway I digress, basically I really cannot get to work and if they insisted that I had to move, would have to leave, the manager involved is not of a sympathetic nature and told one guy whose reason was he wouldn't see his children ''You'll have to become a weekend dad'' What chance do I have ...basically being forced to leave which is what we feel they want of us legacy workers. Oh forgot to mention that they are choosing the 12 now by names in a hat.....sorry for the ramble
  13. hi, I hope somebody can help. I have work permanent night shifts for 8 years and was paid a night shift allowance. They have just told me that they are removing this allowance so they can give the day shift a pay rise. I have not had a pay rise since i have been there. Can they do this? Thank you
  14. I have a question about an issue that my employer is proposing to enforce on myself and my colleagues. Due to a recent situation where staffing levels fell short the management are proposing to enforce a contact change whereby employees may be compelled to provide shift cover with little or no notice. This would impact on the personal lives of myself (as a single parent) and my colleagues in similar ways. Is this proposed change to our contracts legal and is it something that can be imposed upon us considering the problems it will inevitably cause to all our personal lives?
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