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Lemonade

Employment law question

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Hoping someone can answer a question about employment law.

Someone I know works Mon-Fri in a shop, 9-5. I think they are on an hourly rate, not a salary. Due to staff shortages the manager asked her to work 5 extra days this month, on Saturdays, on the agreement she would be paid for the extra days they worked. Nothing was in writing, just an agreement. However, after she worked the extra days, the manager then changed his tune and said he won't be paying her for the extra time she worked, and instead she will get days off in lieu. She doesn't want the days in lieu though, she wants the extra money, as agreed, but he's refusing to pay her for it. I'm pretty sure this is illegal as he has to pay her for the hours she's worked, however as it wasn't in writing I'm not sure.

Anyone know where she stands?

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First stop should be her contract of employment, what does it say?

I've had jobs where I've had time off in lieu and I've had other that gave me the extra cash. It all depends on what my contract says.

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It's a nationwide business, I'll tell her to check her contract but they usually cover their bases with these things with the statement "You may be asked to undertake any extra tasks at the request of the manager" or words to that effect. I'm fairly certain she's contracted to 40 hours a week.

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It's a nationwide business, I'll tell her to check her contract but they usually cover their bases with these things with the statement "You may be asked to undertake any extra tasks at the request of the manager" or words to that effect. I'm fairly certain she's contracted to 40 hours a week.

There's a big difference between extra tasks in addition to your job description and overtime i.e. working hours above the contracted number.

If it's a national company then it's probably written in her contract that overtime may be paid using days in lieu. If not then she should email the payroll/HR department and ask for the official policy regarding payment of overtime.

At the end of the day, while paid overtime is great, she's not losing anything by getting days in lieu. She'll have worked the same number of days overall as she normally would.

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There's a big difference between extra tasks in addition to your job description and overtime i.e. working hours above the contracted number.

If it's a national company then it's probably written in her contract that overtime may be paid using days in lieu. If not then she should email the payroll/HR department and ask for the official policy regarding payment of overtime.

At the end of the day, while paid overtime is great, she's not losing anything by getting days in lieu. She'll have worked the same number of days overall as she normally would.

True, but the reason she agreed to work the overtime in the first place was because she needed the extra money.

Either way I think it's pretty low of the management to promise extra money and then back out once she's done the work.

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Either way I think it's pretty low of the management to promise extra money and then back out once she's done the work.

Yeah that's fair enough, would piss anyone off.

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Guest Exposure @ Lemon Tree

Exactly what Chris said. It completely depends on the contract. Likeliehood is the contract will say overtime can be paid off with days in lieu, in which case the manager is legally right, though, still a cunt if he said he'd give her money instead.

But yeah - a read through the particulars of employment, should hold the answer.

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It's not just her that's affected, everybody who works there is in the same boat (about 7 or 8 people). I told her to organise a planned walkout on Saturday (their busiest day), shops generally don't make much money if there's nobody there to work in the shop.... losing a days takings will hit them where it hurts.

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It's not just her that's affected, everybody who works there is in the same boat (about 7 or 8 people). I told her to organise a planned walkout on Saturday (their busiest day), shops generally don't make much money if there's nobody there to work in the shop.... losing a days takings will hit them where it hurts.

How long has this been dragging on for?

Being the ringleader of an ununionised strike action probably wouldn't do her short term job prospects any good.

It's a national chain, they'll have procedures to sort this stuff out before it gets to that stage. Telling her to check her contract and then get in touch with payroll or HR would be a much more sensible option that getting everyone to walk out of their jobs on the busiest day, without union backup.

If she still doesn't get anywhere then that's the time to contact citizen's advice or start formal grievance procedures within the company.

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It's a national chain, they'll have procedures to sort this stuff out before it gets to that stage. Telling her to check her contract and then get in touch with payroll or HR would be a much more sensible option that getting everyone to walk out of their jobs on the busiest day, without union backup.

If she still doesn't get anywhere then that's the time to contact citizen's advice or start formal grievance procedures within the company.

And if that doesn't work, call on Alkaline and myself to intimidate/possibly break bones.

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And if that doesn't work, call on Alkaline and myself to intimidate/possibly break bones.

Certainly! Once all the civilised options are exhausted then it's obvious there's only one thing they'll understand... pain!

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most national retail companies don't officially recognise any unions anyway. bah.

i would say, go with what chris says. he's got it on the money. i would also recommend your friend looks elsewhere for work as it's obvious her manager is an arse. all shop jobs pay shit and are much the same as the next so she should be able to get one elsewhere no problem. don't put up with crap managers just for the sake of it. i did for ages last year and i'm much happier for finally leaving that employment despite it being a great job.

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