Abuse of employees?

[stuscfc1883]

Hi Guys,

 

Please can someone offer some advice . . .

 

My daughter has recently changed jobs and for the first month or two everything has been brilliant for her, however the new rosta has been distributed to the work force and now there's mayhem!

She is contracted to work 40 hours, monday-friday, however they've now introduced Sat 5pm-8am and Sun 5pm-11am into her working week and with no extra pay!

i've asked her to send me copies of her CoE but on first raising her alarm at the new shift pattern she was told that she is salaried and not paid by the hour . . . for someone on minimum wage I think that stinks, however, until I see the CoE i'll give them the benefit.

 

My take on employment law is the working week should be 37.5 hours and in those instances where an employee is expected to work longer they have to sign a waiver allowing them to do it . . . I've had to do that previously in my working life . . .

 

Can anyone please shed some legal life on my daughters dilemma . . . thanks

[ericsbrother]

2 things to read , the terms and conditions of employment and the working time regulations. If her terms allow for extra time as and when required it should stipulate how this is paid, either as overtime or TOIL. If the total hours worked are more than the maximum allowed, or the number of continuous hours are more than allowed or days worked without a rest day then the demand is unlawful and she may take the employer to a tribunal where they will lose as there is no defence other than employee signing away those rights.

If the employer uses the argument she is salaried then they cant really change the working pattern so that cuts both ways.

[Mr.P]

If the employer uses the argument she is salaried then they cant really change the working pattern so that cuts both ways.

 

In addition, if the extra hours worked takes her below the NMW, then the employer should be reported to the HMRC.

[Emmzzi]

presumably the Sat/ Sun is instead of other shifts and not extra

 

Impossible to advise without the exact contract wording. Let us know when you have that and we will try and help!

[stuscfc1883]

No, amazingly she's being asked to work the Sat/Sun on top of the 40 hours and no extra payments or time in lieu . . .

[Emmzzi]

So I think the first port of call is checking the .gov website for rest break info and checking she is not in an excluded occupation from those regulations

 

https://www.gov.uk/rest-breaks-work/exceptions

 

The timings seem odd - is it something like sleepovers at a residential care facility? On call, or actual work?

[stuscfc1883]

Yes, she works at a Vet's Practice, so the Sat/Sun are 'monitoring' the animals in their care . . . they tell her to sleep on the premises, but i'm unsure how/where, ie if a bed is provided etc but they aren't wanting to pay them as they reckon they're 'salaried' etc . . . the other staff are equally not impressed . . .

[Emmzzi]

So needs more info, really. Sounds like it'll be under NMW if she does it. Are all the staff prepared to stand together so no one is the scape goat?

[stuscfc1883]

i've suggested that lol, then no one is singled out . . . i've mithered her for her CoE and then we can see what they've put in it . . .

[ericsbrother]

she could test the waters by taking a day off next time she is unwell. If they deduct pay then she isnt salaried and her hours are fixed

[stuscfc1883]

excellent suggestion . . . I like the way you're thinkin' ;D

[becky2585]

I would certainly argue that requiring two additional shifts per week would not be in the spirit of the contract, regardless of its ambiguous terms...

 

Despite that, it's probably also a breach of the NMW and also the working time regulations - employees must have at least 24 hours break per week!