Working Rights!

[robert_harper_2000]

My friend has a daughter who is working 9 hours a day without any breaks - hairdresser- boss books her appts all day. She is concerned she is not getting minimum wage AND if her usual work day ended up on Xmas for example and obviously they weren't open, then the boss wouldn't pay her! Is this fair? what is the regulations?

[Pagan98]

Okay, I've split this into national minimum wage, entitlement to breaks during the working day and entitlement to holiday pay on bank holidays. This all assumes your friend's daughter is an employee of the hair salon, not self-employed.

 

1) National minimum wage

The minimum wage is a legal right which covers almost all workers above compulsory school leaving age. There are different minimum wage rates for different groups of workers as follows:

• The main rate for workers aged 22 and over increased on 1 October 2006 to £5.35 an hour from £5.05 an hour.
  
• The development rate for 18-21 year olds increased to £4.45 an hour from £4.25 an hour
  
• The development rate for 16-17 year old increased to £3.30 an hour from £3.00 an hour

It is important to note that these new rates only apply to pay reference periods beginning on or after the date they came into law.

 

More here: National Minimum Wage - DTI

2) Rest breaks

The Working Time Regulations give you a right to one rest break during your working day. A lunch or coffee break can count as your rest break.

 

If you're an adult worker (that is, over 18, you'll normally have the right to a 20 minute rest break if you're expected to work for more than six hours at a stretch.

 

The rest breaks isn't necessarily paid - it depends upon your contract of employment.

 

More here: Rest breaks : Directgov - Employment

 

3) Holidays and Bank Holidays

 

There is a minimum right to paid holiday, your employer may offer more than this. The main things you should know about holiday rights are:

• you get a minimum of four weeks (so 20 days if you work a 5 day week)
  
• you start building up holiday as soon as you start work
  
• your employer can control when you take your holiday
  
• you get paid your normal pay for your holiday
  
• when you finish a job, you get paid for any holiday you’ve not taken

You do not have a statutory right to paid leave on bank and public holidays. If paid leave is given on a bank or public holiday, this can count towards your four weeks minimum holiday entitlement. There are eight permanent bank and public holidays in Great Britain.

 

More here: Holiday entitlements: introduction : Directgov - Employment

[robert_harper_2000]

My brother GF works at Pizza Express and the contract says hours from 4 hours to whatever. She recently had her hours cut and even when she turned up for work rather than the 12 hours they sent her home after about 4! obviously unpaid for the rest.

 

Can companies just chop and change hours like this? She mentioned that the Chef upset the manageress and she took away all his hours and he then apologised and his hours were reinstated!

 

Can she do anything except leave of course... which she is looking at as the hours are very unreliable!

[gyzmo]

It depends on the contract and the nature of the employment.

Personally, and I know you have precluded this option, but leaving and getting a job with a decent employer would probably be the best thing.

[robert_harper_2000]

It is annoying as she left her last employer to work there! Now the boss seems to be able to do whatever she likes and sod anyone who works there... the contract does say they can cut her hours to nothing or anything really

[Guest strangewayofsavin]

Employment law states that after 6hours work you are entitled to 20 mins break.

[robert_harper_2000]

Yeah I don't think that is a prob, more the fact they can just play with her hours however they like!