Manager can do what he wants

[MicroManaged]

Hi Everyone,

Apologies for the long story in advance, I've been having some sleepless nights due to a new manager at work, who appears to be micro-managing the hell out of people.

I have a full time job, therefore I can only work very specific hours, between 6 to 10 PM. This has worked out fine in the past 5 years I worked here, with no issues at all. Since our new manager started, we don't have a finish time, only a start time. His reasoning is: we finish and go home when he says so. I, and the other 20 team members have already explained to him that there are hours we can not work, but this didn't make a difference. If I try to finish at my "normal" time, he would threaten with disciplinary if I actually went home - or pretty much any of us.

On the other hand, he would ask people to stay till a specific time, let's say 11PM, but at 10, he would still send us home. We tried saying that we can't stay due to other commitments - there goes the disciplinary. If we agree, we still get sent home at random times.

My fiance and I share a car to and from work. This has worked out fine so far. Now, he is making a sport of sending one of us home and making the other stay - which means sitting in the staff room for hours with no pay. When I tried to explain our point, he reacted: "Not my problem".

Most of the staff are from an Asian country, including the manager. My fiance, another colleague and I are European. Our kind manager would half the time not even speak to us but tell other team members to translate and tell us that he wants XYZ done. In one particular case, I was having a conversation (turning into an argument) with him, where he turned away in the middle of my sentence and started talking to someone else, in a different language. I was left speechless.

At another time, my fiance asked something, I walked over to her to reply (in English), and got shouted at and was told: "you don't speak, you just do your shift and go home". This was the point where I lost it a bit and raised my finger to my mouth and said: Shhh, If I'm not to speak, then don't speak to me either.

The latest move today was, we again, lost days of work, and our hours were given to people who just started.

Any ideas what could be done? I already tried reason and asking nicely. Tried talking to the area manager - who totally agrees with us, but the owner wants this manager. He wants this manager so badly... This man worked for the same franchise in the next town and was sacked for stealing money. The owner of that store called our franchisee and categorically explained why the man was dismissed... yet, he is here...

Is it time to move on?

[MicroManaged]

Re: Manager can do what he wants

Hi,

Anybody any ideas what could be done? If I can't take the abuse anymore, what would be the best course of action?

[teaboy2]

Re: Manager can do what he wants

I'll respond properly tomorrow to your post - sounds like a possible serious breach of your contracted hours (unless your on zero hours etc) and therefore breach of contract as a direct result of the bullying and harassing actions of the manager, which may even be racial related and in breach of the equality act 2010 - not to mention racist being a criminal offense.

Can you posy up a copy of your contract minus your personal details and that of the company please?

Can you also draft up a list all of incidents, or as many as you can recall right now, with approximate date such incident happened:

For Example:

xx/xx/2014 - Manger shouted at me and told me am not to speak.

Also ask other members of staff (Only those you know you can trust) if they would be willing to take joint action in the form of counter signing a formal letter of grievance, which may or may not lead to tribunal action. As we can probably twist store owners arm when he realises how he may not have business left by the time hes paid out tribunal costs and compensation if he doesn't dismiss this manager.

Anyway, full response will be posted tomorrow.

But if you can provide the lists of incidents and copy of contract it would help.

[MicroManaged]

Re: Manager can do what he wants

Hi Teaboy2,

Many thanks for your reply, I'm so glad to hear that I may be able to do something. Apologies, the list may be kind of long though...

First of all, I don't have a written contract with my employer. At the time I started (back in 2009) the following was said and agreed:
- the contract is for 0 guaranteed hours (I have worked my current shift pattern for 3 years now. One of my colleagues with similar grievance was advised by a solicitor that due to the prolonged nature of the hours worked and the verbal agreement between him and the previous manager this can be a corner stone for defence. He received a letter from the solicitor, and since then, his hours are not disturbed)
- working hours are adjusted as per business requirement. In practice, since I've been there, this meant, we had start and finish times and we were asked if we could stay longer to help, or finish early if it wasn't busy. This has been done in a civilized manner in the past, all ex-managers asked "Who could stay on a bit?" or "Anybody would like to go home early?" Well, this is gone, we no longer have a finish time, we go home when the manager decides so. This is being done in a weird manner, if I ask to go home, I will be told NO, any time. The kind manager will turn up 5-15 minutes later, and send me home - this then is HIS decision.
- my only official document proving my work history is my payslips - I have all of these from day 1.

30/04/2014 - First day back at work (along with my Fiance) after a week off. Upon arrival, greeted by the new manager who introduced himself then told us that we are not required to work that day (nor the rest of that week), all our normal hours had been covered by other staff members. I pointed out that this is our normal workday, hence we are here, and coming back from holiday we had no way of knowing that we were not needed. (my shift was unchanged for 3 years, my fiance's for 6 months. We are not in the habit of phoning in to confirm shifts). Also mentioned that we travel 30 minutes each way to commute, and this is financially not very good for us. Were told that he had already arranged cover for our shifts and he will see what can be done, but insisted on us going home. I've asked him to at least cancel the cover for the rest of the week, but this didn't appear to sink in. During the whole conversation he had this "king of the hill" tone and was so obvious that he is just trying to be as ignorant as possible. During this conversation he turned away whilst I was talking and started a conversation in Punjabi with one of his fellow countryman, laughing and pointing fingers at the rota (pinned to the notice board). I think that conversation lasted forever, my watch showed about 2 minutes. I was left speechless and decided to leave. First sleepless night for us.

31/04/2014 - Spoke to our Area Manager who said we are once again welcome to go to work, and we turned up for our shifts. We were not spoken to the whole day by the Manager, and when he had a task for us, colleagues translated it for us.

29/05/2014 - This wasn't particularly bad, had 2 weeks off, came back and was "told" that we were supposed to work on 26/05/2014 (Bank Holiday). He said he tried to call us but we didn't answer. - He was told on our last day that we were going abroad...

30/05/2014 - My Fiance asked a question, I walked over to her to answer. (I'm a driver, she prepares food) Got shouted at for not wearing an apron. (this had not been a requirement - ever, only for people who get in physical contact with food). I tried not to take this too seriously, and turned to my Area Manager, who stood next to me, talking to other members of staff, and also no apron, and said with a smile: "oh man, what are we doing?". The Area Manager laughed, but Manager got furious. I walked away from my Fiance, back to my place and said I only went to answer a question, we only need an apron to work there, not to talk. The reply was: "you don't speak, just keep quiet, do your job and go home".

03/06/2014 - Pulled into the office on arrival and was told: "you are late". I said: "no, I'm not?" and this carried on for a few rounds. This time I was just too tired with too little patience to explain it for the 4th time. I have 6pm start on the rota. I arrive at 6.00-6.10 depending on traffic, straight from my daytime job. He already asked me 3 times about this, where I explained: I finish at 17.30, and it takes 35-40 mins to arrive. On top of this, every 5th Friday, I work till 7pm and arrive accordingly.
This time, he pointed out that he moved my starting time to 5PM, and I'm 1 hour and 6 mins late. Was told if I don't apologize for being late, then I'm to go home and not to come back. I've asked for the phone number of the owner and was refused, then I said I would like to report this to the franchise head office - then I was asked to sit down and explain why late...
This was a long conversation and I tried the nice approach, explained the things 4th time, it may sink in. For this conversation, he actually called the Assistant Manager in too to listen.
An older conversation was brought up, and was told that he didn't like the comment I made: "managers come and go" and pointed out that drivers "come and go easier". Never mind the original context: "managers come and go, but we we were treated fairly in the past". At this point I could only smile and just let it go.

Apart from these particularly bad cases, the rest of the issues are actually ongoing, and happen every other night:
- He is fully aware that I finish my day job at 17.30 then 35-40 mins drive to get to this place. The rota says 6pm start for me, to keep it simple. About once a week he looks at me and queries the 5 minutes that I'm late and have to explain why. The other 4 times he looks at me when I arrive and pretends that I'm too early.
- Speaking Punjabi most of the time. Not to me, but to other people, obviously. Does it when I'm around, or other people who don't speak it. Even does it in front of customers. Instructions concerning us are translated by other people for us, sometimes he actually speaks to us in English (50%-50%).
- he is fully aware that we are sharing a car with my other half. He would do the following once or twice a week: Send one of us home and make the other stay. I'd point out that we are sharing a car, to which the following reply arrives every time: "Not my problem". Then one of us sits down for a while on no pay, to wait.
- We use a computer to track labor hours. He can clock people in and out. As the effort to cut the hours is high, it will take us 5-15 minutes of asking to actually get clocked in. The same on the way home: by the time we are told we can go home, we are clocked out already. Sometimes as much as 20 minutes early. He has also been caught on clocking people out randomly in the middle of their shift or when they are taking a paid break - making it unpaid.
- We are regularly asked to stay an extra hour to help, if we say no, he says: I tell you when you finish - or has been heard threatening with disciplinary if we went home. If we say yes, we will stay, then we still get sent home halfway through the requested extra time. This causes grief to people relying on public transport and lift from family.
- Taking hours off or whole days, when we complain and ask, sometimes get it back... to lose it next week. feel absolutely no job security.
- Fiance just lost her Monday shift. A new member was employed to do it. She has the same 0 hours contract as me, not much hope there.
- She also lost half of Friday - another new member was called to cover the holiday... never to change this back.

Out of the 20ish team, about 18 have horrific stories/treatment, and 2-3 are already looking for another job. I'm not sure how many would support and sign a grievance, but will ask around.
Most of these guys/gals have been to see the Area Manager who is powerless - and shares our view. Some are thinking about going on strike...

Sorry for the long story, should have made it a novel - and make some money

[Harmonica]

Re: Manager can do what he wants

So would it be fair to say that you're on zero hours contracts? Why is the area manager powerless?

[teaboy2]

Re: Manager can do what he wants

Can you Pm the name of the Franchise please, and the name of the company who operates the store under the franchise company and the store owners name, i can then get all the contact details needed for you to take this up to the Franchise Company Head Office - Who does the area manager work for by the way, the store owners company or the franchise company? - I will draft up a formal grievance for you to send to your employer and a letter to that of the chief executive office (or equivalent of the franchise) informing them of the situation in said store - I bet they will not be happy!

As per the contract, well as it was a verbal contract and as you had worked specific hours 6pm-10pm Mon -Thur and 7pm - 10pm Fri (i Assume) - then customary practice makes your hours contractual, same applies for your partner is she has been doing specific hours for 6 months like you said. This is probably the same as what the solicitor, whom you mentioned, stated to your colleague.

The lack of a written contract makes it impossible to prove you were not on contracted hours per week of 19hrs per week as per the shifts stated., but it also means the employer is in breach of the employment rights act 1996 for failure to provide a written statement (written contract) within 2 months of you starting your employment.

Their also in breach of contract for not letting you work your specific hours - And the manager has, in regards to clocking people in and out as per how you described, committed fraud, which has likely resulted in you and your colleagues losing out on wages, that should have be paid for time worked, as a result of his actions. It also amounts to unauthorized deductions under section 13 of the employment rights act 1996 where people have lost on on wages for hours they had actually worked for which said deductions most be paid back.

Its also worht pointing out the basics of zero hours contract because the Manager is breaching those contract every time he demands people to work extra or send people home early. basically when people on zero hours contacts (your not on zero hour contract as your hours are contractual now) are offered x hours per day, and they consent to work x hours then a contract has been agreed in relation to those hours offered and accepted. Sending them home early is breach of contract, forcing them to work longer is breach of contract. So if a person on zero hour contract was offered 4 hours work 6pm to 10pm to be worked on say Monday, and the employee agrees to work those hours, a contract within a contract is formed. If those hours agreed in contract within a contract is not keep too by the employer its breach of contract. But it doesn't apply to you as customary practice makes your hours contractual and same for your partner and probably very likely the same for the majority of people working their if they also had been working specific shifts for specific hours each week and had not been given a written contract.



Make sure you keep you payslips as they are evidence you were working specific hours and evidence of those hours being contractual. Makes sure you never admit again that you agreed verbally to a zero hour contract, when in fact you clearly had agreed at the time to work those specific hours per week and each week. Make sure everyone else effected who also had no written contract know this too.

I could say a hell of a lot more, but i will keep that back for the draft letters, which i will post up here for you and for others to view.

But yes PM the details of the store owner (company that owns the store) the franchise company. and clarify to me who the area manager works for too please! I will then forward the address you need to send the letters too!

[enquirer]

Re: Manager can do what he wants

And the manager has, in regards to clocking people in and out as per how you described, committed fraud, which has likely resulted in you and your colleagues losing out on wages, that should have be paid for time worked, as a result of his actions.

One wonders whether or not there may be a still larger fraud here.

[teaboy2]

Re: Manager can do what he wants

One wonders whether or not there may be a still larger fraud here.

Thats what am thinking too mate - Especially considering the reluctance of the shop owner to deal with the manager despite the area manager seemingly being on the side of the OP here too.

[MicroManaged]

Re: Manager can do what he wants

Hi Teaboy2,

You wouldn't believe how glad I'm for your replies. I'll gather the info and PM you.

Very many thanks in advance!!

With regards to the Area Manager, he works for the franchisee and his job is to oversee the stores that belong to him. He is powerless due to politics. We had money disappearing for a while now, £££'s on a daily basis, and the Franchisee is looking to find the responsible person. The latest "guess" is the Area Manager, but with no evidence, he is left alone and they just ignore him completely.

Working last night I also overheard a nice conversation. Mr Manager instructed staff to re-label the use by date on an ingredient (fresh tomato)... to show 2 weeks past it's official date. The member refused, and the manager insisted. Unfortunately that's all I caught, but I'll see the employee today.

[teaboy2]

Re: Manager can do what he wants

Hi Teaboy2,

You wouldn't believe how glad I'm for your replies. I'll gather the info and PM you.

Very many thanks in advance!!

With regards to the Area Manager, he works for the franchisee and his job is to oversee the stores that belong to him. He is powerless due to politics. We had money disappearing for a while now, £££'s on a daily basis, and the Franchisee is looking to find the responsible person. The latest "guess" is the Area Manager, but with no evidence, he is left alone and they just ignore him completely.

Working last night I also overheard a nice conversation. Mr Manager instructed staff to re-label the use by date on an ingredient (fresh tomato)... to show 2 weeks past it's official date. The member refused, and the manager insisted. Unfortunately that's all I caught, but I'll see the employee today.

I believe it is illegal to alter the use by date on food, and certainly illegal to sell food past it use by date, due to the health consequences of eating food - If that was indeed what the manager had asked the employee to do, then you need to contact trading standards at your local council and the Food Standards Agency too.

Are you sure though that it was the "use by date" and not the "best before date"?

Thanks for confirming that the area manager is employed by the franchise and not the shop owner - Why can't the area manager give you the address for the Franchise company head office?

[MicroManaged]

Re: Manager can do what he wants

I'll check on the "use by" vs "best before" dates as I'm not sure.

Sorry for the misunderstanding, the area manager works for the shop owner (franchisee).

We have just had another 2 incidents, where one member tried to finish "on time" and another was attempted to be sent home early.

[MicroManaged]

Re: Manager can do what he wants

Hi Teaboy2

This was actually the use by date. I witnessed this yesterday too with some white meat - Manager instructed people to re-label it. They refused, so he did it himself :tinysmile_aha_t:
Which is great, as this was the only real work he had done in the past week


He also employed 4 new people, all of them working full time - cutting our working hours and giving it to the new guys.

Is there anything I can do to assist with the draft letter?

Cheers