Lemonade Posted January 28, 2009 Report Share Posted January 28, 2009 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? Quote Link to comment Share on other sites More sharing options...
Chris Posted January 28, 2009 Report Share Posted January 28, 2009 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. Quote Link to comment Share on other sites More sharing options...
-matthEw- Posted January 28, 2009 Report Share Posted January 28, 2009 Citizen's Advice may be your best bet, but I'm almost certain that she should be getting paid for it. Quote Link to comment Share on other sites More sharing options...
Adam Easy Wishes Posted January 28, 2009 Report Share Posted January 28, 2009 First stop should be her contract of employment, what does it say?This.Is she contracted to do 9-5 every week? Is it a small shop or a large business? Quote Link to comment Share on other sites More sharing options...
Lemonade Posted January 28, 2009 Author Report Share Posted January 28, 2009 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. Quote Link to comment Share on other sites More sharing options...
Chris Posted January 28, 2009 Report Share Posted January 28, 2009 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. Quote Link to comment Share on other sites More sharing options...
Lemonade Posted January 28, 2009 Author Report Share Posted January 28, 2009 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. Quote Link to comment Share on other sites More sharing options...
Chris Posted January 28, 2009 Report Share Posted January 28, 2009 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. Quote Link to comment Share on other sites More sharing options...
Guest Exposure @ Lemon Tree Posted January 28, 2009 Report Share Posted January 28, 2009 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. Quote Link to comment Share on other sites More sharing options...
Bigsby Posted January 28, 2009 Report Share Posted January 28, 2009 Please name the shop so I can go round and break the manager's legs. Quote Link to comment Share on other sites More sharing options...
Alkaline Posted January 28, 2009 Report Share Posted January 28, 2009 Please name the shop so I can go round and break the manager's legs.I'm up for that too. We don't need to break any legs though, intimidation is the key. Quote Link to comment Share on other sites More sharing options...
Bigsby Posted January 28, 2009 Report Share Posted January 28, 2009 I'm up for that too. We don't need to break any legs though, intimidation is the key.You have your methods, I have mine. Quote Link to comment Share on other sites More sharing options...
Alkaline Posted January 28, 2009 Report Share Posted January 28, 2009 You have your methods, I have mine.Bad/Worse Cop routine works for me... Quote Link to comment Share on other sites More sharing options...
Lemonade Posted January 28, 2009 Author Report Share Posted January 28, 2009 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. Quote Link to comment Share on other sites More sharing options...
Chris Posted January 28, 2009 Report Share Posted January 28, 2009 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. Quote Link to comment Share on other sites More sharing options...
Bigsby Posted January 28, 2009 Report Share Posted January 28, 2009 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. Quote Link to comment Share on other sites More sharing options...
Chris Posted January 28, 2009 Report Share Posted January 28, 2009 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! Quote Link to comment Share on other sites More sharing options...
framheim Posted January 28, 2009 Report Share Posted January 28, 2009 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. Quote Link to comment Share on other sites More sharing options...
Elizabeth Posted January 30, 2009 Report Share Posted January 30, 2009 Tell her to work for the NHS! Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.