Forced to work days off and overtime
Forced to work days off and overtime
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P Nuts

Original Poster:

1,209 posts

168 months

Wednesday 17th July 2013
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right, so im not exactly sure as to where I stand on this so any help greatly appreciated I wont go into mega details, but I work in a horrendous salon, I wont name names. I work 42.5 hours a week 5 days. recently the idea of opening bank holidays arose and they decided to open them - I believe this not illegal but highly annoying, but such is life. My manager, explains to me that due to the amount of staff who booked the bank holiday (26th Aug) off they will be shutting, so she said I have to take it as holiday or unpaid. Now im not in a position to take it as unpaid, but surely as its their decision to shut, why do I have to take it as holiday?
Secondly, im due to start college in a few months to futher my skills, but ive been told that as I will be out of the salon on my college day, I must take that day unpaid (again cant afford it) or change my day of to that day - and effectively work my day off (now it would finish at 5pm so its roughly a full working day, also I work very late nearly every other night. Can they make me do this? I don't really want to work on my day off, because ill be knackered, and don't see why I should put the effort in when they wont nd because...

thirdly, im not contracted to work sundays, but in my handbook it says sunday working is classed as overtime (so I technically I don't have to) but I get rotored every 3 weeks to do one, and its not up for negotiating. And im told in my contract I must abide to the handbook, so they've effectively made another sneaky handbook. Oh and they watch us on cctv too- that's illegal isn't it? it cant be used to to monitor staff performance.

sorry its so long, but its a nightmare working there at the best of times, and would like to know if they are taking the piss.

Odie

4,187 posts

211 months

Wednesday 17th July 2013
quotequote all
They dont have to pay you for bank holidays if you dont work them.

Them not paying you while your at college seems fair to me.

Im not sure about the sunday thing though.

P Nuts

Original Poster:

1,209 posts

168 months

Wednesday 17th July 2013
quotequote all
Odie said:
They dont have to pay you for bank holidays if you dont work them.

no I know that, bt the fact they close the salon for that one day and make me take it as holiday, I used to get paid for everyother bank holiday. suely I can turn round and go I don't wanna take it as holiday and go into work?

Them not paying you while your at college seems fair to me.

Im not sure about the sunday thing though.

stevenjhepburn

291 posts

158 months

Wednesday 17th July 2013
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Nothing sounds majorly off. You either have to suck it up and make the best of it or move on to a new job.

stevenjhepburn

291 posts

158 months

Wednesday 17th July 2013
quotequote all
P Nuts said:
I used to get paid for everyother bank holiday. suely I can turn round and go I don't wanna take it as holiday and go into work?
No, they can dictate when you take your holidays.

Odie

4,187 posts

211 months

Wednesday 17th July 2013
quotequote all
P Nuts said:
Odie said:
They dont have to pay you for bank holidays if you dont work them.

no I know that, bt the fact they close the salon for that one day and make me take it as holiday, I used to get paid for everyother bank holiday. suely I can turn round and go I don't wanna take it as holiday and go into work?

Them not paying you while your at college seems fair to me.

Im not sure about the sunday thing though.
What does your contract/staff handbook say.

Gargamel

16,349 posts

290 months

Wednesday 17th July 2013
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Well that is all a bit jumbled up isn't it.

1. You are contracted for 42.5 hours a week.

2. You aren't contracted to work Sundays, but you work one in three

3. You are in a training scheme with a college, but they won't pay you to be there. So are asking you to take the time as unpaid.

4. You have previously worked BH, but now when they are shut on a BH, you need to go unpaid or take holiday.


The art to employer relations is a good compromise.

Work out exactly how many hours you are working per week. I assume you are paid no overtime ? Suggest to them that you are very happy to work Sundays, but wondered if time and a half was reasonable.

You are happy to be unpaid for your college day, but if you exceed 42.5 hours in a working week, would they consider paying you half a day for the college day ? (or if you exceed 55 hours the full day ?)

On the BH point, I think you need a good look at your contract, is it 20 days holiday plus Bank Holidays ? In which case point it out to them, in a non confrontational way. E.G. "Please help me to understand the rules here, my contract says X but you are saying Y to me"


randlemarcus

13,646 posts

260 months

Wednesday 17th July 2013
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As regards the college thing, are you being paid as an apprentice, or as a regular employee? If the former, they should pay you to go to college, if not, er, not.

As regards holidays, then yes, they are entitled to dictate when you take them - a lot of places shut down over Christmas, and mandate those as Annual Leave.

stevenjhepburn

291 posts

158 months

Wednesday 17th July 2013
quotequote all
Gargamel said:
You are happy to be unpaid for your college day, but if you exceed 42.5 hours in a working week, would they consider paying you half a day for the college day ? (or if you exceed 55 hours the full day ?)
Does the employer have an obligation to include further education in the working week?

If he goes to his employer with this I would expect them to say he is not obligated to attend college. Then I imagine they would let him go or manage him out of the business and find someone who is appreciative of the opportunity.

P Nuts

Original Poster:

1,209 posts

168 months

Wednesday 17th July 2013
quotequote all
that ok then, I only purely asked due to them being known to try and swindle certain things, but as long as they're playing fair then, then ill guess ill put up. I hope to have moved on in the next couple of months.