Can my emplyer expect me to work outside my paid hours unpaid ?

[morrie]

I work in retail and my employer is expecting all staff to be in work 10 minutes before the paid shift starts and then remain for as long as it takes, unpaid, after the shift has finished. In this time the employee is expected to count tills, mop floors etc. however many of the staff are starting to feel exploited.

 

I can fully expect a member of staff to be in the premises in good time for his/her shift but is it wrong for them to be expected to work for free when they are paid by the hour?

 

Also, if a member of staff refused to work this extra could the employer put them on a disciplinary even though it is outside of their contracted and paid hours ?

[BeauBrummie]

The angle to look at here is if any employee is paid at the minimum wage then that person may well have cause to raise a grievance.

 

What does the Terms & Conitions of Employment state if anything about this issue?

 

Beau

[wobbly]

Hi Morrie,

No employer can make you work unpaid ,if they took any action you would have a case to go to industrial tribunal.I would advise you and your fellows to join a trade union ,not to sure which one but USDAW comes to mind.If an employer takes action against you ,like for instance if you join a union or disiplinary action for asserting your persieved rights ,ie refusing to work unpaid a tribunal will find in your favour,and award compensation.You really do need to join a union ,if you dont want to involve your fellow workers fine do it yourself.Keep a record of everything in writing as to what is happening.If I can be of further help dont hessitate to ask.

Wobbly

[orfoster]

Agree with Wobbly above on this one. Although I am a union rep myself I am bound to say join a union but it does give you cover for employment.

 

Unite

USDAW

GMB

 

all come to mind to join have a look on some of their websites.

 

An employer can't make you work for free. They can as you agree expect you into work in good time to start your shift but isn't reasonable asking you to work before and after the shift with no pay.

 

ACAS & Citizens Advice will be able to help here as well.

 

Regards

[morrie]

Many thanks - it is as I thought.

[bazak1]

Unfortunately this happens much too often in "shop work".

I know quite a few who do approx ten or fifteen minutes after work for cleaning or removing packaging etc.

[Conniff]

Well, unfortunately, unless it says in your contract that you will be paid for overtime, then your employer is not legally required to pay. The working time regulations, also, do not say you have to be paid for overtime.

 

If you do work overtime then your average hourly rate must still not fall below minimum wage so it is very important that you check the pay given against the hours worked, it must not be below £5.73 an hour if you are 22 years or over and £4.77 an hour if you are between the ages of 18 and 22.

 

For information, you cannot sign away the right to national minimum wage in a contract either.

 

I would not work for anyone who takes advantage of present financial problems and would rather be on JSA or bum off family (or even be down some back alley sniffing glue and drinking meths), than work for nothing to make someone else rich. There are a lot taking advantage of peoples fear of being unemployed, but I would rather be that than be a slave.

Edited August 9, 2009 by Conniff