paid bank holidays as per contract

[honeybee13]

Are you saying that these people have no written procedures for anything? Or do you think they're being withheld from you?

[teaboy2]

Maybelline in regards to what is stated in your contract about working over your normal hours when requested. These request have to reasonable i.e an extra 10 hours work a week is unreasonable and you should therefore be paid for such extra hours. I would say that 1hr -2hr max a week would be reasonable, anything more then that and you should be paid for it.

 

Also are you on minimum wage? also the employer can not force you to work beyond what you yourself considers to be reasonable, after all it is your free time you are giving up.

 

Just because it states in your contract something along the lines of "that you might be required to work additional hours for no extra remunaration" does not mean they can force you too. neither does it mean you do not have a choice. So long as you have worked your contracted paid hours and have done a reasonable bit of extra unpaid work (1hr-2hrs a week) they can not take any action against you. so if i was you id only do say 30mins extra a day then go home.

 

If your manager doesnt like it remind them that for them to comply with leglisation their request that you work addition unpaid hours as an when needed has to be a reasonable amount of hours, and you working and extra 1hr-2hr unpaid out of your own free time is more then an reasonable amount of unpaid work. And if they expect you to work more then that then they will have to pay you for it in as over time.

 

Alos maybilline have you got an HR department? if so i would suggest you talk to them about your concerns and if not satisfied i would put in a grievance. If you dont have a HR deaprtement then talk to the person who is above the mangers at your work loacation, such as an area manager and address them with your concerns, and again if not satisfied put in a greviance.

Edited January 7, 2010 by teaboy2

[elpulpo]

The NMW aspect is a good point, Teaboy. If she's doing significantly more hours, it may well dip below. Especially given the disgracefully low wages commonly paid in the care industry.

[teaboy2]

yep, thats exactly why i asked if she was on minimum wage

[maybelline]

I feel that I must confront these issues and believe the word in my mind is 'exploitation' - thanks for your comments, I do not think I have gone below the minumum wage but I will look at working this out, is the nmw £6.00 ish? or less than that? If you cannot take a certain amount of rest between shifts I believe is also a requirement of some kind and so many days break in a year, seems I have opened up a hornets nest, not my intention, however, I dont think theres anything wrong in challenging unfair working practices:)

[honeybee13]

From 1st October, the minimum wage is £5.80 per hour for someone over 22.

[honeybee13]

Maybelline, I understand how you must feel about being exploited and it's a great shame.

 

Others on this forum will tell me if I'm wrong, but personally, I wouldn't go in all guns blazing about 'exploitation' without preparing a logical case, preferably in writing because I forget things in the heat of the moment. That's what Elpulpo was trying to help you to do, I believe.

 

What does anyone else think, please?

[maybelline]

yes, I am cross about this level of incompetence, however, I will certainly take a logical view and think it all through, my head office has already advised me that they can handle it as I my argument has been confirmed as correct. Knowing that someone is forcing you to sign to say you earnt less than you know you have is a serious breach of contract but hey, lets not upset anyone, I am only keeping the place going with all my 'goodwill',

 

dont worry, I do always think before I act.

[maybelline]

who would have thought this was so difficult, HO now wrong?????????????

[honeybee13]

Sorry Maybelline, what do you mean exactly?

 

My best, HB

[maybelline]

I mean I thought the argument on here had it right, i.e working the 39 around the bh would be extra hours and confirmed and now I have been told that this is wrong, that I (should) take a day off at some other point to compensate, correct?

[honeybee13]

Maybelline, I'm sorry it didn't go your way this time. Have they sent you anything in writing about their reasoning?

[maybelline]

no worries, as long as i get either the hours back or the pay its ok:)

[maybelline]

some good website found on this, cannot put links without mod approval I think?

[elpulpo]

no. go for it. long as it's not porn.

[maybelline]

Employing people | Business Link

[honeybee13]

Hi Maybelline. This link goes through to an enormous list of headings. Which bit are you referring to please? Or is it just for general advice?

[Allwood]

This is a good site for holidays

 

Acas - Search

[maybelline]

its a good source of information and a matter of choice as to what one needs info on. take your pick:) yes, acas is excellent, and so the union ones, tuc, amicus etc.