troublesome employee

[sparry20]

I've been asked by a colleague to go in with him for his disciplinary meeting. Thing is, his mother is a barrister who specialises in employment law, so we're wondering, can he take her in? or does it have to be employees/union reps?

[sparry20]

The company I work for, a Bowling alley, seem to be trying to cut down people's hours

 

They've now brought in a new rule that if any shift is over 5 hours long that you have to take a half hour break, if you don't, it'll be take out of your wages regardless. Is that legal?

 

I know for a 6 hour shift you're legally entitled to a 20 minute break, but for a 5 hour shift, is there any legal requirement that your employers have to give you a break?

[sparry20]

I'm a part-time technician in a bowling alley. I do two shifts a week as technician and then three shifts a week as barstaff BUT I do the exact same job as the full time techs, when i'm a tech.

 

on my wage slip it even says i'm a tech, rather than "bar/reception" etc that everyone else has on different departments. Thing is my hourly rate is £5.90 and working out the techs wage per hour, they're on £6.30, am I being shafted by getting paid less for the exact same work?

[kurvaface]

Have you asked them?

[AaronM]

No there is no leagla requirement for a 5 hour shift.

 

The more worrying thing here is that it sounds like they are trying to vary a fundemental part of your employment contract without your agreement!

[maroondevo52]

Two threads merged.

[maroondevo52]

No, he can't take her in, but I think he can adjourn, and phone her.

 

Regards.

 

Scott.

[elche]

Scott is right, the statutory entitlement is to a TU Rep or work colleague.

 

However, that does not stop one asking.

 

I actually advise companies to accede to such requests even though not oblidged to. This is because:

 

a) A barrister is unlikely to act in a disruptive way,

b) A barrsiter is unlikely to misrepressent what was said,

c) It wins the employer 'brownie points' at TRibunal by showing they went over and above what was required,

d) If the employer is acting correctly, what do we have to hide?

 

That said, they can still say no, but no harm in asking.

 

Che

[sparry20]

No there is no leagla requirement for a 5 hour shift.

 

The more worrying thing here is that it sounds like they are trying to vary a fundemental part of your employment contract without your agreement!

 

well we all signed something called a zero hour contract. we don't get paid double on bank holidays but get 5.5 weeks off a year as opposed to 4, and we're not guaranteed a set amount of hours

 

but how are they trying to vary the contract agreement? can they actually force us to go for a break, or make it look like we've gone for one anyway, therefore taking money from our wages?

 

they say to reference the company handbook but that's outdated by 6 years

[heliosuk]

Yes they can, and you should, take the break. This could easily be argued under health and safety guidelines. The argument would be whether or not it should be paid.

I don't understand the Zero hours contract but you need to watch the 5.5 weeks issue. Essentially, recent legislation changed in that permanent full time and part time employees had to be paid for statutory bank holidays. It doesn't allow them to get around paying premiums for working these hours which seems to be what they are trying to sell to you people.

 

They can vary the contract subject to agreement and consultation with the employees but invarably this goes through. However, the variation cannot be to the detrement of current renumeration conditions and statutory entiltlements.

[sparry20]

If I work 6pm till around 11:30 they'll take 30 minutes off our wages regardless of if I've taken a break or not. They put in that anything over 5 hours you HAVE to go for a break, but lots of us don't see a point for such a short space of time of 5 hours

 

So with statutory bank holidays you have to get paid a bit more? We all signed contracts ages ago saying it was ok to go to a zero hour contact

[sparry20]

At work we've got three managers, at the moment in time they're taking holidays off, so they've trained up two people to cover as managers. Their positions are BCO's, basically supervisors, a step down from management.

 

I'm just wondering what the law is regarding CCtv viewing, since one of them keeps checking back through previous footage and constantly watching us, we're talking actual hours of viewing the cameras here.

 

As far as I'm aware, she doesn't have an SIA licence or CCtv training since she's only a temporary solution until the managers get back from their holidays

[sparry20]

We've got a staff member who is a complete pain in the arse. She's lied about having terminal cancer, a miscarriage, various other illnesses, and she's the most two-faced individual ever. She stirs up trouble between other staff members to stop them socialising, she recently started a rumour that I slag off my best mate behind my back, telling him that I say such a thing, when in reality, he's my best mate of 10 years.

 

Is there anything I can do, or we as staff, can do to stop her?

 

She's a supervisor but also temp manager as some of the full-time managers are off on holiday at the minute. We feel we can't say anything against her because she always makes herself out to be the victim, so the managers won't listen kinda thing.

 

Recently she complained that we weren't respecting her as a manager so the GM is one by one pulling us into the office to tell us off, basically.

[heliosuk]

I think that those who think the same should join together and send a joint letter of complaint to the MD explaining how you feel about the situation. However, it is important to make sure it is factual and accurate. A good manager will listen to opinions and feelings but will make most of their decisions based on fact and the balance of probability. Well that's what I do anyway!!

 

Hope this helps.

[heliosuk]

Whilst it does seem a bit odd, does it really matter as I take it you have nothing to hide?

 

You're on CCTV in a lot of places now and you don't even notice it.

[Conniff]

If all the rest of your workmates feel the same, then have a meeting around one of your homes or a pub or restaurant and talk things through so that you are all aware that what is being said is not how it really is.

 

How many employees are you talking about?

[iltpain]

hey there, it may not help, but i do know any footage taken of you on cctv can be handed over to you for a small fee. (used to be around £10 a few years back)

 

they cannot refuse you as it is classed under the freedom of information act or some other law. (don't quote me)

 

you can walk down your main street in town then request a copy of any and all footage from any cctv footage that has recorded you, but again, a small fee must be paid before you can obtain the footage.

 

bring the subject up with the bosses also, because as the person who is spending so many hours watching the cctv footage is also neglecting their own duties.

 

many call it the little hilter syndrome, and it's always the crabby woman in the office who has no other intrest in life but to gain some sort of control over others no matter how small

 

could it be a small form of bulling or harrassment having someone spending so much time trying to catch out honest workers?

[majik]

Hi

 

Managers wouldn't need SIA CCTV License unless the cameras monitor public space, e.g. as long as it only monitors company space you do not need a license, however if the camera's can monitor public space (Road not belonging to the company?) then that is a very grey area and there is no definative answers im afraid.

 

I work in the Security industry and have been monitoring cctv for 4 years now and do not need or require a cctv license to do it.

 

But please bear in mind CCTV can/should only be used for the prevention of crime/crime deterant and cannot be used to generally spy on people, if it is being used to spy on people then i beleive that is a breach of the Data Protection Act and could be reported to the Infomation Commissioners Office (ICO)

Edited July 23, 2009 by majik