Employee rights - forced to work unpaid

[Selpmis]

Hi everyone,

 

I'm wondering if anyone can help me with a couple of things at my workplace that I am unsure of. I work for a toy retailer and have worked there for three years. We must arrive in good time for our shift- ten minutes before our shift start time, or else this is considered late and can lead to disciplinary action. I have no issue with this, however, we are told that we have to have our briefing for the day five minutes before our shift so that we can rotate the staff on the shop floor without delay. This five minutes is unpaid. I can understand that this, in theory, makes sense however rarely does the daily briefing last five minutes- often lasting between ten and fifteen rendering the whole point of starting five minutes before useless anyway. This briefing is obviously a benefit for the employer and certainly not something I'd care to do in my spare time, I consider it as working.

 

A couple of months ago I read an article about Apple stores being sued by staff for keeping them after their shift unpaid to perform bag searches, which was of no benefit to the staff and they were often kept for more than thirty minutes to do so. This made me think about the other issue that concerns me more- my manager informing us that they can legally keep us fifteen minutes beyond our shift end time unpaid. Now considering I'm only contracted to four hour shifts, fifteen minutes is a relatively large amount of time that I feel I should be paid for. They do not use any time in lieu to compensate either way, but what would be my rights if I refused and left the premises?

 

I estimated that the briefing time over the past three years has equated to roughly over three weeks pay, so over a week a year I am not being paid for. Obviously this does not include any time our duty manager deems it necessary to keep us after shift. What if I have plans? Or an hourly train to catch at night? Doesn't the employer have a duty of care if I'm walking the streets at late hours? I cannot find anything online that would indicate that they are legally allowed to do this, nor is it written in my contract. Could they simply change my contract? I would really appreciate your help on this matter, thank you for reading my post.

 

Regards.

[renegadeimp]

Are you hourly paid? If so then you myst be paid for all time considered worked. This normally includes 'training'

[Selpmis]

Yes, I am hourly paid and my hourly wage exceeds minimum wage. If what you say is correct, would I be able to claim for backdated pay? Is there any law/documentation I can supply with a letter to my employer? Or any other tips for going about doing this?

 

Thank you for your quick reply!

[Conniff]

Is it you intention to claim for all the ten minutes early or the whole briefing time.

 

Check your contract and see what that says.

[Emmzzi]

Are you hourly paid? If so then you myst be paid for all time considered worked. This normally includes 'training'

 

Actually that depends on your rate of pay and what your contract says.

 

 

What is the exact wording on your contract about hours please and does the extra time take you under new?

[Ganymede]

If I could claim back pay for all the free overtime I've put in over the last 10 years I could retire!