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Is my boss right to change my shifts + what can I do about bullying?


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I started work for a small business in May of this year but the longer I'm there the more my boss gives me grief.

 

After three weeks of my starting my boss gave me keys to open up/close up, do cash handling and bank runs, yet I'm paid minimum wage, even though the last staff member with this position was paid extra for doing the same job. Also, the bosses daughter is paid double pay on Sunday's, whereas myself and the other staff I work with aren't.

 

She changes my rota without telling me. Usually I work Monday, Tuesday, Friday, Saturday and Sunday, with Wednesday's and Thursday's off. So I checked the rota, because she writes it down in advance, in this case a month in advance, and I noticed I was off on a Saturday, so I made plans. The week before the weekend off I checked the rota again, and I noticed she put me down, and not my normal 10-4 shift, but 9-5, which meant I'd be duty manager for the day, but she didn't tell me. I brought up the problem as soon as I noticed and she had a go at me, saying that "you know you work Saturday's, you shouldn't have made plans"

 

and she's done it again, I checked the rota two weeks ago, saw two staff members on the rota (plus my boss = three staff) and that's more than enough for a midweek shift, then the week after I saw THREE staff + my boss (who never writes her name down), so I made plans again because it's my birthday. Once again I saw over the weekend that I'd been put on, so I said I can't do it, then once again, she shouted at me and stormed off, but this is after saying originally that I could either just lose the money for the day, or work a different day. Both times though have been so that she can have the day off instead!

 

Since then, she's been having subtle digs at me, basically I feet victimised, that I could do nothing right at all. I came home yesterday massively depressed. I don't know what to do because my name is down on the rota for the 27th still, she also said "you work tuesday's, that's why you're in" but she usually works Tuesday's, with another regular staff member, and neither of those are in.

 

I'm never late, I've had one sick day (because of a knee injury), I do my job well, I get on with all the other staff, but my boss is treating me like ****. I hate going into work, it's just an awkward atmosphere for 8 hours a day because as soon I don't do something she asks right away, usually because I'm halfway through another job she's given me to do, she becomes hostile

 

Is there anything I can do? I thought maybe I should try talking to her but she flies off the handle too quickly, no matter how calmly I approach her. I'm supposed to work in a fun atmosphere, considering the line of work I'm in, but I hate it. I just wanna ring in sick all the time, and I've had one sick day in the last 5 years, and only been late once in that time too. I'm not usually the kind of person who gives in so easily but because it's so unrelenting I don't feel like I've got another choice =[

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Hi sparry

 

First thing to do is have a look at your Terms & Conditions about hours and days to be worked. The other thing is to keep a diary, as much info as possible. Write down any previous stuff.

 

On pay, clearly if their daughter is being paid more then you, thats not fair. http://www.acas.org.uk/index.aspx?articleid=1811

Further info:- http://www.acas.org.uk/index.aspx?articleid=1373

 

The problem you need to overcome, is be tougher at work, fight your corner. The boss knows your too aimable. It's going to be difficult but

raise your concerns.

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I started my current job in mid-may 2011, I've never been late for a shift, I've only had one sick day (that was a genuine reason)

 

In my interview my boss said I'd be getting at least 30 hours a week, and I've been getting around that, at 33.5 hours for those six months.

 

As it stands there are usually three staff on Monday to Friday, four staff on a Saturday and two on a Sunday. I usually get Monday 9-5, Tuesday 9-5, Friday 8:45 to 5:15 (because I've got the keys to the shop so have to do banking/cashing up tills), Saturday 10-4, and Sunday 11-4 (Have to open up/close/cash up here, too)

 

but next week I've only been given one shift, I've not been told why, they aren't holidays (even if they were I've not asked for them) and I've not had chance to see her to talk to her yet.

 

Whenever my boss is in, she isolates me from the rest of the staff by making me work upstairs on my own. On an 8 hour shift I only get half hour break, but ever other staff member doing 8 hours gets two 15 minute breaks, and one half hour. I never get my two fifteen minute breaks at all. For one shift I saw three weeks before December 27th that I was off, and because that's my birthday I made plans, but 9 days before it I saw that I'd been put down to work, so I mentioned to my boss that I couldn't do it (3 staff were scheduled in, plus my boss meant I wasn't actually needed in) and she kicked off, shouted at me, and stormed off, but I heard another employee yesterday say he couldn't do today's shift and she was fine with it, I actually her say "yeh, that's not a problem)

 

I get talked to like crap, I know this sounds stupid, but I was getting blutack from downstairs behind the counter yesterday, because there wasn't any upstairs and she wanted 'SALE' posters putting up, so I said "I'll be two seconds" when she said for me to stay upstairs, I was just putting the blutack away and she was like "NOW!"

 

I still don't have a contract after six months of being there, to be honest, I can't imagine me getting one. She asked me in the interview if I could rewrite all the health and safety documents because the ones she has are from a machine shop or something, not a retail environment.

 

She's also accused me of poaching customers because I said I'll keep an eye out for some decals for a model kit he's after, but he's a shop regular (who spends a lot of money) he's 76, and he's also a family friend because he knows my mum.

 

It's just a horrible working environment, there is always an atmosphere, if my girlfriend pops in to drop me off lunch I get dirty looks but her friends can come in and she'll talk to them for the best part of an hour. I wanted to take a coffee downstairs and got told to pour it away because I wasn't allowed but a week later my boss, and other staff are behind the front counter drinking coffee.

 

I feel like I'm being isolated, and bullied, it's just snide comments all the time.

 

Firstly, can she just reduce my shifts without telling me (again, in the interview she said I'd be guaranteed 30 hours) and what can I do about the bullying, I try and keep a low profile, just go in and do my job, but I get grief all the same for it no matter what I do

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I started my current job in mid-may 2011, I've never been late for a shift, I've only had one sick day (that was a genuine reason)

 

 

 

In my interview my boss said I'd be getting at least 30 hours a week, and I've been getting around that, at 33.5 hours for those six months.

 

 

 

As it stands there are usually three staff on Monday to Friday, four staff on a Saturday and two on a Sunday. I usually get Monday 9-5, Tuesday 9-5, Friday 8:45 to 5:15 (because I've got the keys to the shop so have to do banking/cashing up tills), Saturday 10-4, and Sunday 11-4 (Have to open up/close/cash up here, too)

 

 

 

but next week I've only been given one shift, I've not been told why, they aren't holidays (even if they were I've not asked for them) and I've not had chance to see her to talk to her yet.

 

 

 

Whenever my boss is in, she isolates me from the rest of the staff by making me work upstairs on my own. On an 8 hour shift I only get half hour break, but ever other staff member doing 8 hours gets two 15 minute breaks, and one half hour. I never get my two fifteen minute breaks at all. For one shift I saw three weeks before December 27th that I was off, and because that's my birthday I made plans, but 9 days before it I saw that I'd been put down to work, so I mentioned to my boss that I couldn't do it (3 staff were scheduled in, plus my boss meant I wasn't actually needed in) and she kicked off, shouted at me, and stormed off, but I heard another employee yesterday say he couldn't do today's shift and she was fine with it, I actually her say "yeh, that's not a problem)

 

 

 

I get talked to like crap, I know this sounds stupid, but I was getting blutack from downstairs behind the counter yesterday, because there wasn't any upstairs and she wanted 'SALE' posters putting up, so I said "I'll be two seconds" when she said for me to stay upstairs, I was just putting the blutack away and she was like "NOW!"

 

 

 

I still don't have a contract after six months of being there, to be honest, I can't imagine me getting one. She asked me in the interview if I could rewrite all the health and safety documents because the ones she has are from a machine shop or something, not a retail environment.

 

 

 

She's also accused me of poaching customers because I said I'll keep an eye out for some decals for a model kit he's after, but he's a shop regular (who spends a lot of money) he's 76, and he's also a family friend because he knows my mum.

 

 

 

It's just a horrible working environment, there is always an atmosphere, if my girlfriend pops in to drop me off lunch I get dirty looks but her friends can come in and she'll talk to them for the best part of an hour. I wanted to take a coffee downstairs and got told to pour it away because I wasn't allowed but a week later my boss, and other staff are behind the front counter drinking coffee.

 

 

 

I feel like I'm being isolated, and bullied, it's just snide comments all the time.

 

 

 

Firstly, can she just reduce my shifts without telling me (again, in the interview she said I'd be guaranteed 30 hours) and what can I do about the bullying, I try and keep a low profile, just go in and do my job, but I get grief all the same for it no matter what I do

 

 

 

 

 

Ok, first point - your employer is breaking the law by not giving you a contract. Without a contract your position is much more difficult. Seek legal advice now in my opinion.

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Sounds like you are in a very difficult position and it is clearly making you miserable. The simple fact is that with less than a year's service the employer can basically do what they like - unless they discriminate on the grounds of sex, religion, race etc as they know that until the 12 month milestone has been reached you have very few options available to you.

 

However. You mention that in your interview you were 'guaranteed' 30 hours a week - do you have this written down anywhere, or was it just a verbal assurance? How many hours does your contract guarantee you (I know that you stated that you don't have a contract, but you must have been given a written statement of basic terms within two months of joining - or a job offer letter?

 

Regarding breaks - how old are you? Sorry, probably phrased that wrong, but there are slightly different rules if you are a 'young' worker.

 

Most basic question of all - have you actually asked the question as to why you have had your shifts reduced? You need to ask why ASAP, and it might also be an idea to gently ask why you are being made to feel the way that you do. Is it something about your work? Personality? Explain that you want to get on in the company (?) but are often made to feel that you are not part of the team. It won't be an easy conversation, but you might find it useful to know and you may just be surprised with the response.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Ok, first point - your employer is breaking the law by not giving you a contract. Without a contract your position is much more difficult. Seek legal advice now in my opinion.

 

A contract exists whether it is written or not. The legal requirement is for a basic statement of T&Cs (rather than a contract) but this is not actionable on it's own. The legal advice would be that unless you can prove discrimination there is not much more that can be done above a grievance at this stage.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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Sounds like you are in a very difficult position and it is clearly making you miserable. The simple fact is that with less than a year's service the employer can basically do what they like - unless they discriminate on the grounds of sex, religion, race etc as they know that until the 12 month milestone has been reached you have very few options available to you.

 

However. You mention that in your interview you were 'guaranteed' 30 hours a week - do you have this written down anywhere, or was it just a verbal assurance? How many hours does your contract guarantee you (I know that you stated that you don't have a contract, but you must have been given a written statement of basic terms within two months of joining - or a job offer letter?

 

I don't have anything, I had an 'induction' on my first shift but it was literally reading the health and safety and signed to say I understand it, and it was around then she said I was told I'd be guaranteed 30 hours a week, and like I said, for the last six months those are the hours I've worked. As regards to a contract, I've had nothing, she's not given me any paper work to sign after my 3 months probationary period, it's just carried on. It's an independent shop, so there is no-one above my boss to talk to, and technically I'm next in line because I've got the keys/do banking etc

 

Regarding breaks - how old are you? Sorry, probably phrased that wrong, but there are slightly different rules if you are a 'young' worker.

 

I turned 29 yesterday, as far as I know for breaks, you get a 20 minute break for a 6 hour shift, an 8 hour is an hour (split into one half hour unpaid, and two fifteen minute paid but dependant on how busy you are. We never are), and if you're under 18 you get an hour every four hours?

 

Most basic question of all - have you actually asked the question as to why you have had your shifts reduced? You need to ask why ASAP, and it might also be an idea to gently ask why you are being made to feel the way that you do. Is it something about your work? Personality? Explain that you want to get on in the company (?) but are often made to feel that you are not part of the team. It won't be an easy conversation, but you might find it useful to know and you may just be surprised with the response.

 

I've not spoken to her yet, I don't usually work many shifts with her, and being Christmas it's been way too busy to actually speak to her, also the end of the shift I just want to leave as soon as possible, plus I thought I'd give it chance to see if it improves but it hasn't. I'm off for two days now and won't see her till next week.

 

I've tried being gently, especially with the birthday shift, and she blew her top at me and stormed off.

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I posted on here earlier today about my job situation, that I feel like I'm being forced out.

 

I'm worried that my boss might just fire me.

 

I've not done anything wrong, I always turn up 15 minutes before my shift starts, I've made two mistakes on the till in six months (both easily rectified, so no money was lost) I open and lock up the shop thoroughly. It is just a clash of personalities, but I've been trying to make the effort to get on with her but so far it hasn't worked. I've never refused to do anything she asks, no matter how silly (like mopping the floors even though it's been raining outside so customers just dirty the floor again)

 

It's something I'm rather worried about, so can she just get rid of me for no reason?

 

thanks for any advice

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Hello there.

 

I'm afraid that employees with less than one year's service have very few rights and your boss could fire you for any reason. You might have some sort of comeback at a tribunal if you could prove discrimination, say. From memory, it doesn't sound discriminatory, more like a personality clash.

 

My best, HB

Illegitimi non carborundum

 

 

 

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thanks for the merging =]

 

Yeh, it's definitely a personality clash. I'm looking at getting out of there anyway, it's not a job I can see myself doing long term, but I don't fancy having a dismissal on my record :(

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