Sainsburys Overtime unpaid

[robert_harper_2000]

I'm not sure of all the details but I will speak to her. My friend at my works daughter works at Sainsbury's and has a set amount of hours a week. She was told to come in this day and that day etc and by the end of the month she had worked more than her set hours. Sainsburys response was that she was only contracted to those set hours and so they will not be paying her any extra.

 

Surely this isn't fair?

[Bookworm]

Not just not fair, it doesn't sound right.

 

Can you find out more? There is no way you can be asked to do extra hours and not get paid for them, or at least not in an environment where you are paid an hourly rate.

 

Maybe she misunderstood, and they said they wouldn't pay her overtime rate? (which they can do if the hours worked are still below the full-time number of hours.)

[Weird Al Yankovic]

Try and get some clarity on this.

 

I worked for Sainsburys years ago when I was a student and they were fabulous to work for. In fact, the best employers I ever worked for.

Nothing was too much trouble and their employee interests were always put first.

 

It could be just a misunderstanding.

[robert_harper_2000]

I'll speak to her Mum and try to find out more. I remember she did say that they refused to pay her anything for overtime. I thought it was ridiculous but I'll confirm the details.

Cheers

[shywazz]

I am a employee of sainsburys too many years to bother counting, but happy with the employer, as for any over time, employees are contracted to work set hrs per month, myself 37.5 or 150 per month, this amount of hours has to be worked and not enclude sickness before the over time rate kicks in so to speak,lets say if i work 140 hrs and 10 hrs sick, total 150 and work 15 hrs over time, then i would recieve 10 hours at normal rate and 5 hrs at over time rate, sainsburys staff receive 13 payment dates per year as we are on 4 weekly pay, and are contracted on set hrs which differ dependant on which area of work, ie store/suppy chain/etc and of course area. but all employees are entitled to over time, but the contracted hours per month have to be worked 1st. Bank holidays etc are paid at time and half and double time dependant on when the holidays are. There are some but not many stores that still have overtime hours banked, this enables staff to have the time off at a time to suit them and hence won't get paid overtime rate but get maybe a extra few days off during the month, unless by the month end hours are still in credit then the hours will be paid in overtime, sainsburys hours and pay struture change from store to store or supply chain to supply chain and so forth, the union on site will be able to give your friend all the informtion she/he needs to work out there hours and pay. Failing that, HR will be more than happy to explain any questions that might need answering.

[robert_harper_2000]

Hmm well it seems that they are a fair employer, I will once she gets back from holiday speak to her and find out what happened and if I can get all the details.

 

Thanks for all your input

[patdavies]

Try and get some clarity on this.

 

I worked for Sainsburys years ago when I was a student and they were fabulous to work for. In fact, the best employers I ever worked for.

Nothing was too much trouble and their employee interests were always put first.

 

It could be just a misunderstanding.

 

My daughter worked for them about a year ago and their employee care was crap.

 

16 year old on a till all day and not allowed even a toilet break - and not just my daughter.

[Weird Al Yankovic]

My daughter worked for them about a year ago and their employee care was crap.

 

16 year old on a till all day and not allowed even a toilet break - and not just my daughter.

 

 

Well, to stop somebody going to the toilet is just crazy.

 

They were fabulous to me. Swapping shifts and time off at short notice, plenty of overtime, heavily subsidised canteen with great food, excellent training, good rates of pay, new uniform every 6 months and realistic promotion if I decided to stay.

 

Far better than some employments I've had.

 

Just lucky I guess.

[Gogivit]

As an observer, I can see the fault is not a result of the company but a result of very poor and inexperienced management!

[Conniff]

My daughter worked for them about a year ago and their employee care was crap.

 

16 year old on a till all day and not allowed even a toilet break - and not just my daughter.

 

Someones telling porky pies here.

 

Working time regulations state:

 

a 30-minute in-work rest break when working longer than four and a half hours.

[pt2537]

Yep, gotta agreee with connif, she is entitled to a 30 minute rest break. this is laid down under S12 (4) Working time regulations 1998

[GlasweJen]

just because she's entitled to it doesn't mean she's getting it, employers seem to "forget" about these laws as I've learned recently (6 hours + night shift without a break, 10 hours once with only a 10 minute toilet break).

[paulgmb]

Hi Robert,

you have a legal entitlement to be paid for all hours worked in excess of your contractual hours. She should ask the manager to put their decision in writing. If they are not prepared to do this then she should put her request in writing and keep a copy of her letter. If she heres nothing then she should raise a formal grievance against her manager. There will normally be 3 stages to this procedure and a copy of it will be available fro the Human resources department.

There are 3 Trade Unions recognised by Sainsburys, the best being Home (ok I'm biased) but even if there is not one at her store she still has the legal right to be represented so if she is a member she should contact them for advice, assistance and representation.

In relation to breaks the basic legal minimum is 20 minutes in a shift that lasts more than 6 hours although hopefully most of you will get far better than that?

 

I hope this is useful?

 

Best regards,

 

Paul

[Conniff]

just because she's entitled to it doesn't mean she's getting it, employers seem to "forget" about these laws as I've learned recently (6 hours + night shift without a break, 10 hours once with only a 10 minute toilet break).

 

Employers don't 'forget', they know the law but some of them don't bother to enforce it unless you ask.

No job - and I mean NO job is worth risking your health over. Employers don't employ you out of pity, they employ you to help them make a profit, and for no other reason, but, on the other hand, you don't go to work for the fun of it. You work so that you can feed your family and pay the bills and for no other reason. The days of slavery have long gone and no-one should put up with blatant disregard for the laws of employment.

Never be afraid of the boss, ask him/her directly when you should take your break.

 

The regulations for under 18s are:

 

a limit of eight hours working time a day and 40 hours a week

 

not to work between 10pm and 6am or between 11pm and 7am (except in certain circumstances)

 

12 hours' rest between each working day

 

two days' weekly rest and a 30-minute in-work rest break when working longer than four and a half hours.

 

These are your rights, insist on them.

 

If your employer will not agree to them then you are within your rights to walk out and take them to an industrial tribunal claiming constructive dismissal. You do not have to have a qualifiying year under your belt either for breaches in the working time regulations.

[patdavies]

Someones telling porky pies here.

 

Working time regulations state:

 

a 30-minute in-work rest break when working longer than four and a half hours.

 

No Conniff, I am not lying.

 

It was busy and the supervisors did not want to shut tills down. Add to that the standard response of "hang on a minute and I'll get someone to relieve you" and then going away and being distracted.

 

Yes we all have rights - it's just that in the real world, it is not always easy to enforce them - especially when you are only 16.

[Conniff]

Hi Pat

 

I used to be 16 (sometime in the last century I think) and I know how daunting bosses can seem, but they are in general only human and can make errors or get distracted, remember though they used to be 16 at one time as well.

Ding your little bell the next time and ask "did you forget my break".

 

Breaks don't have to be half way through a shift, but they cannot be tagged on to the front or the end.

[patdavies]

Hi Pat

 

I used to be 16 (sometime in the last century I think) and I know how daunting bosses can seem, but they are in general only human and can make errors or get distracted, remember though they used to be 16 at one time as well.

Ding your little bell the next time and ask "did you forget my break".

 

Breaks don't have to be half way through a shift, but they cannot be tagged on to the front or the end.

 

This was my daughter and the same thing happened to 2 friends of hers.

 

For a young girl in her first part-time job, it's very difficult to stand up to adult supervisors (don't forget the major adult/child interaction at that age - other than parents - is with teachers, with whom argument is not encouraged)

 

As it was a very busy period, I suspect that the problem was that the lane would have needed to be shut, rather than another member of staff substituted.

[hssc11045]

Hi everyone,

 

I am also an employee of sainsbury on a part time basis for the past three months and have a question. On signing my contract I was told that time and a half and double time payments were no longer being offered on a Sunday which on the face of it is fair enough if they are phasing this pay out entirely. However, I have recently discovered that some staff are paid double time on a sunday others are paid time and a half and some are paid the normal rate all for exactly the same work. Surely this is discriminating against newer employees?

 

Any advice would be appreciated.

[barracad]

No, they can pay different people on different contracts different amounts. When a new pay deal is brought in with large companies, it often means lower pay for new employees but existing employees pay/allowances are usually protected.

[Sidewinder]

Hi everyone,

 

I am also an employee of sainsbury on a part time basis for the past three months and have a question. On signing my contract I was told that time and a half and double time payments were no longer being offered on a Sunday which on the face of it is fair enough if they are phasing this pay out entirely. However, I have recently discovered that some staff are paid double time on a sunday others are paid time and a half and some are paid the normal rate all for exactly the same work. Surely this is discriminating against newer employees?

 

Any advice would be appreciated.

 

When the Sunday Trading Act came in the only way that many stores could get people to work on a Sunday was to offer enhanced rates of pay, with Sunday traditionally being a day of rest. As time moved on and it became clear that Sunday trading was here to stay then these premiums have been reduced as staff recruitment has become easier - Sunday (sadly in some respects) has become just another day. Understandably one person's contract cannot be changed to cut their pay if their original deal was to receive an enhancement, but somebody applying for a job nowadays which includes Sunday working can be paid the going rate for the job. Over time, stores have been able to recruit staff without offering more pay as an incentive.

[paulgmb]

Hi,

 

on the face of it they may have covered themselves by informing you when you signed your contract, however if the contract still states that you receive enhancements then you have a case as they should have issued an updated version.

You may also have a case for claiming equal pay if someone of the opposite sex is being paid more than you for doing the same job. Why not ask other newer employees if they are being paid overtime rates?

If there is a Union in your store and you are a member ask the Union Rep for advice. Even if there isn't one you can still join as an individual.

 

Regards,

 

Paul

[conquerorodueko]

I'm not sure of all the details but I will speak to her. My friend at my works daughter works at Sainsbury's and has a set amount of hours a week. She was told to come in this day and that day etc and by the end of the month she had worked more than her set hours. Sainsburys response was that she was only contracted to those set hours and so they will not be paying her any extra.

 

Surely this isn't fair?

 

Yep it isnt fair. Sainsburys is not the problem though, - the problem is the staff. The branch i work in are full of terrible heads that do what they like, racism included. These ones mislead you in order to get you fired if they dont like you.