Employer expectations

[Ypsilonzagato]

Hi
I'm employed as a salaried worker for 40hrs per week in a retail environment. I'm expected to be at work at least 30 mins before the store opens, then have to cash-up at the end of the day(another 15/20 mins). Bearing in mind we're open 8.5hrs per day, I can be there 9.5hrs for my 8hrs wage, so I'm wondering if this breaches any work regulations at all? Due to minimalist hours given for the shop, it's not possible to actually work just a 40hr week and I regularly do a 47/48hr week minimum.

[Guineveretoo]

Re: Employer expectations

The regulations you have in mind are the Working Time Regulations. This link may be helpful to explain those regulations. http://www.acas.org.uk/index.aspx?articleid=1373

So long as you are being given a break during the day, there is no breach of those regulations.

It may, however, be in breach of your contract, if this states your working hours, but there is every likelihood that your employer thought of that, and inserted a clause to allow them to make you work longer hours.

[Guineveretoo]

Re: Employer expectations

USDAW is the union for retail workers, and may be able to advise as to how common this is in the sector, and whether there are any established and effective ways of challenging it. You will need to join them to ask for advice, though....

http://www.usdaw.org.uk/

[Ypsilonzagato]

Re: Employer expectations

USDAW is the union for retail workers, and may be able to advise as to how common this is in the sector, and whether there are any established and effective ways of challenging it. You will need to join them to ask for advice, though....

http://www.usdaw.org.uk/

I have been thinking more along the lines of the fact that if the employer has created a situation which makes a working day 9-9.5hrs, then the employee should be paid for the 9-9.5hrs. The usual clause 'plus any work necessary for the needs of the business' might come in here, but surely a regular expectation must be pushing this clause a little too far?
I'll check that link out and see if they can advise, thanks.

[twigthewonderkid]

Re: Employer expectations

My unqualified belief is that you have a duty to your employer to be ready for work at the time specified in your contract. A common example is the employee walking through the door with the coat on at 8.59 when work starts at 9.00, then proceeds to make coffee, chat, use the toilet and finally is able to work at 9.10. My understanding is that the employer cannot specify how early you should be but you do need to be fully ready at the specified time.
Your contract of employment will guide you, so if you are paid to work from 9am to 5pm then so long as you are fully ready by 9am and you stop working at 5pm (not getting ready to leave from 4.50!) then you have honoured your contractual duty to your employer.
The reality is that we generally tend to go with the flow.
And let's not discuss the problems nurses and teachers have in working hours!

[des8]

Re: Employer expectations

Hi
Does your contract stipulate your weekly hours eg 40 hours over a 5 day week, or does it state your daily hours eg 9am to 5.30pm (with an hour for lunch perhaps)?
Do the total hours to which you refer (47/48 per week) include your break times(especially lunch?

[twigthewonderkid]

Re: Employer expectations

The usual clause 'plus any work necessary for the needs of the business' might come in here

That is only related to tasks you might be asked to perform outside of your job description and responsibilities, if that "extra work" becomes commonplace then your job role and description may need to be revised. The key here is extra work not extra hours to complete extra work.

I should also add that extra work has to be such that you are competent in performing otherwise you should receive appropriate training.

[leclerc]

Re: Employer expectations

I have been thinking more along the lines of the fact that if the employer has created a situation which makes a working day 9-9.5hrs, then the employee should be paid for the 9-9.5hrs. The usual clause 'plus any work necessary for the needs of the business' might come in here, but surely a regular expectation must be pushing this clause a little too far?
I'll check that link out and see if they can advise, thanks.

I suspect you are unhappy where you work because it is common place that when you are salaried you work more hours than you do if you are on the clock ie paid by the hour. Get your CV up to date and start looking. When questions like have come up in my own mind, my general unhappiness either with the company or place of work was forefront in my mind.

[Ypsilonzagato]

Re: Employer expectations

Hi
Does your contract stipulate your weekly hours eg 40 hours over a 5 day week, or does it state your daily hours eg 9am to 5.30pm (with an hour for lunch perhaps)?
Do the total hours to which you refer (47/48 per week) include your break times(especially lunch?

The contract states 40hrs per week, which works out as 8hrs per day plus an unpaid 30mins break. The problem is, like in most retail, we aren't given enough hours to run the store to what I would class as an acceptable level - often there is only 1 member of staff on the shop floor and lunch is often interupted if it gets busy. If it is busy, some thing have to be done outside of open hours - rotas, etc.

[des8]

Re: Employer expectations

Well in that case I think your employer is taking advantage of you and your colleagues.
You are salaried for 8 hours a day(40 per week), but are required to work an extra 3.75hours per week unpaid.
Have you raised your concerns with your employer? (have you been there long enough to?
Whilst I understand the earlier remarks about being ready to work at start time, opening up procedures that take half an hour, and tilling up adding an extra 15 minutes every day without remuneration is taking the p*** IMO.
If it was an occasional occurrence I would agree with "going with the flow" but this is almost equivalent to 10% saving to employer or 10% loss to employee, week in week out.
refer back to post 3.

[twigthewonderkid]

Re: Employer expectations

Unfortunately employers sneaking extra minutes is commonplace especially in retail and hospitality. In trying to resolve your position you may be put under pressure from other employees that don't want the boat rocked so you are left to be seen as a troublemaker.
However if it troubles you then you need to defend your position, even if that means finding a better employer... but is your employer truly a bad employer rather one that does not appreciate your rights but will discuss and adapt as needed.
I would consider having an open discussion with your boss, you could prepare various solutions that work for you both, how about suggesting that the extra hours are accounted for by starting late or finishing early one day, that could be at the quietest time of the week. Without getting antagonistic you could give him the example of how he/she would view you taking an extra 40 mins for lunch every day, bet it would be a reason for them to start disciplinary action!
A previous poster recommended USDAW to you, if you can't reach a reasonable outcome then consider joining.

[Mr $quandaŁot]

Re: Employer expectations

I can see where you are coming from. Being flexible and working unpaid overtime occasionally shouldn't be a big deal. However, it sounds like you are putting in extra three to four hours a week which does add up.

As others have mentioned, unfortunately this is not uncommon. What I would do I would look at the big picture - are you overall happy at work? Does your employer have salary reviews? If so, you could ask for a pay rise next time, saying that you feel that you are going that extra mile and contributing to the business beyond your contract on a regular basis.

Another option, of course, is to look elsewhere. If/when you find a new job and if your employer decides to have an exit interview, you could mention this issue. However, be careful what and how you say as you want to get a good reference, especially if you have been with them for some time.

Then there are some rather unorthodox ways to deal with the situation. For example, you could take slightly longer breaks or do your personal stuff at work. I have also come across people who engage in non-work related activities at work. There was one guy I was working with in a boutique investment bank who occasionally worked on other client's work. In that place we were also entitled to have an evening meal up to Ł15. This was supposed to be eaten at work. However, this guy often ordered Haagen Dazs ice-cream and took it home. He didn't last very long but was never caught for these. Like me he was a temp so it wasn't difficult to just notify the agency and tell that their services were no longer required,