Problem with working hours and pay

oompa

I've been working part time in a shop for a year and a half in total now. The shop stays open till 10 and then we have been told that we have to stay till the shop is fully closed up and mop the shop floor after its closed. We work from a time sheet so if i'm down to work from 5 till 10 at night i'm paid for 5 hours but regularly we've been kept in the shop till half 10 which we aren't being paid for, Just wondering if anyone knew if i am entitled to be paid for that or if i can just walk out of the shop at 10. Or would i be within my rights and able to demand an electronic clocking in and out system so that we can be paid for this extra time.

carly_86

Talk to your boss about it

Shelflife

well you cant demand that the company install a clocking system just for you, but you should be paid for your time after 10.

oompa

I don't want to talk to my manager about it until i know for sure because he treats all the staff like muck now so this is kind of in spite seeing as he is taking away every possible privilege and threatening people with dismissal if they break even the smallest of rules. The clock in system obviously wouldn't be just for me there is 3 part time staff closing up the shop every night. I'm just asking about to see if anyone else has been in this position.

oompa

There's also the problem that sometimes we can get out at 5 past 10 depending on which junior manager is working with us, thats why i was thinking of a clock in system so that it could make sure we were just paid for the time we worked

patftrears

oompa wrote: »

There's also the problem that sometimes we can get out at 5 past 10 depending on which junior manager is working with us, thats why i was thinking of a clock in system so that it could make sure we were just paid for the time we worked

it is a legal requirement to record the actual hours you work.
google 'nera'

oompa

So should i record the times myself and then give them to my employer asking to be paid for these times, or seeing as in the hours book it only says we are down to work till 10, so would i be able to just leave after that.

Nody

Well does your contract anything about overtime? It is not exactly unheard of to have unpaid overtime listed in the contract.

oompa

It wouldn't count as overtime as i'm only part time and because my job is the same as the full time staff i would have to work over 40 hours before they would give me overtime. I can't find a mention of it anywhere so i think i'm gonna have to ask my manager because they could just have told us we have to do it and no one has bothered or enough of a reason to stand up to them before. Cheers for the help anyway.

wmpdd3

This has always been a problem. In any large company I worked were rostered until 30mins after closing time with a list of jobs that took 40mins!!

In one small Irish company I worked in they wanted managers only to stay on when the shop closed and cash up and lock up as the staff wouldn't stay and the managers were salaried.

You are entitled to be paid when your in work.

Can't see them agreeing to starting at 5:15 to 10:15, too much hassle.

Better to agree a list of jobs to be done from 10-10:30 and change the time of the shift.

To be honest if it is a small shop, I'd say you have your work cut out.

oompa

Oh yeah i know but the owner of this shop has fired people over them taking a roll for cheap on their break which sure he's within his rights to do that but he's taken away all the trust, so this really is just to cause as much hassle for them as possible without giving them anything they could fire me over

LegacyUser

oompa wrote: »

Oh yeah i know but the owner of this shop has fired people over them taking a roll for cheap on their break which sure he's within his rights to do that but he's taken away all the trust, so this really is just to cause as much hassle for them as possible without giving them anything they could fire me over

Turn this situation into your own advantage, every time you work overtime record on your time sheet the actual time that you finish work. It does not matter at this stage if your boss pays you or not. If your boss asks you to alter anything, REFUSE!!!. If your boss decides to alter the record then its up to him (that would be fraudulant and could result in criminal proceedings). At the end of the pay week/fortnight/month ask why you have not been paid for the extra time worked. at this point if he refuses to pay, you could just walk off the job and claim 'Constructive Dismissal' in the labour tribunal. You must Be activly seeking another job, in a constructive dismissal case as long as you can prove that you are seeking another Job then you can claim loss of income. Now go to a citizens advice centre, they will advise you best your rights, of which as an employee you have many. Use your rights or employers like you will stamp all over you

wmpdd3

While I whole heartly disagree with taking anything you don't own from work, under any circumstances, this is what happens. Some staff feel they are entitled to this as they are taken for a ride.

Either way, the employer can take action over theft.

You would need every one on side even people it doesn't effect such as the person who works 1-5 etc.

If there's someone working there for a long time and they are respected, go to them and ask their advice. They may take the view that that's the crap shift and only left for the new guys.

If things do come to it and you are let go you are in a good position with the length of service you have.