What are my rights?

[Jylsynder]

Hey there,

I work on a zero hours contract for a restaurant. I've been there nearly 3 years, starting as a waiter and I'm currently second manager (or shift manager). The company has had a lot of staff changes and since our old boss left we basically had to pick one of our waitresses to be another "manager". However since then I've gone from working nearly 50 hours a week to a minimum of 56 hours per week. In addition to this when staff members have been either ill or on holiday I've been in for upto 75 hour weeks. Since being at this job I've started to develop muscle problems in my arms from carrying heavy plates for 12-14 hours a day, my eczema has flared up massively due to stress (I am 26, haven't had eczema since I was 11). In addition to this I am also now on anti-depressants and anti-anxiety medication due to the stresses of the job and the constant pressure of being in the public eye all day. My manager said that even though the guy above me left and we're doing more work the restaurant isn't making enough money to pay me a higher salary. In regards to salary I've been on the same wage for 2 years...with the exception of a small increase everyone in the company received last year when the minimum wage went up. However since 2 years ago, my hours have nearly doubled, I am responsible for the restaurant for at least half of the week, and entirely responsible if the person above me is on holiday. In addition to this I'm expected to train new staff, as well as cover for anyone that is ill, even if I'm already working 50+ hours. My boss even made me miss an event I paid for because someone was sick.
We're also hurrendously under-staffed but because we're so busy as it is it's difficult to find the time to fit in hiring and training a new member of staff, it's ridiculous. All of the floor staff are miserable. In addition to this...I write this at 12am. I've been home from work for an hour and I'm back in at 9am until most likely the same time tomorrow evening. Because of our zero hour contracts, if I go off sick from stress I'll receive government statutory sick pay so I won't even have enough to cover my bills. I'm in a bind as I have no other work lined up but I am just so miserable at this current position that I'm not sure how much longer I can stick it out. I know you can't claim benefits straight away if you leave employment voluntarily. Can I claim against my company for basically being forced out the door?

Absolutely any help would be so so much appreciated!

[PAWS]

Re: What are my rights?

One of the clever beagles will probably take a look at this tomorrow and will be able to give you sound advice about your contract etc. I will however say this, there are many, many companies that would be really keen to get you with such a good work ethic. I know things are busy but if you can get any time off at all get looking for another job. The internet is a good place to start. Ring in sick if you have to go to an interview. If you can stick it out for just a bit longer until you find something else you will discover that there are good employers out there who will value you.

[teaboy2]

Re: What are my rights?

Can you tell us what your finish time was the night you wrote your post?

Also did you opt-out of the working time regulations of 48hrs maximum per week, check your contract to see if anything is mentioned about it, because if there is no opt-out then they are in breach of the working time regulations. Same if you are getting less than 11hrs uninterrupted break between each shift and same if you are not getting at least 1 24hr period of uninterrupted rest per week.

Also as its a zero hour contract, you are within your rights to refuse to work hours given to you on the weekly rota (though they are also not obligated to give you any hours each week either), you are also not obligated to cover for other staff members when they are ill. As for duties well stick to the duties in your contract and state their request that you perform the duties of deputy/assistant manager on top of your own contract duties is not a reasonable request, its a whole different role to the role that you are actually contracted to fill.

[Jylsynder]

Re: What are my rights?

I don't think that I've actually signed a contact with my company. As far as I'm aware the only documentation was a "starter form" which basically had my bank details and national insurance number. When I was promoted to manager two years ago I basically just got given it, confirmed by my boss. They gave me a small pay rise and then I've been acting as a manager ever since! Does this effect my rights at all?

[Jylsynder]

Re: What are my rights?

Also, last night I was out at 10:45 PM I believe, then in again this morning at 9 AM

[teaboy2]

Re: What are my rights?

I don't think that I've actually signed a contact with my company. As far as I'm aware the only documentation was a "starter form" which basically had my bank details and national insurance number. When I was promoted to manager two years ago I basically just got given it, confirmed by my boss. They gave me a small pay rise and then I've been acting as a manager ever since! Does this effect my rights at all?

Can you scan up a copy of the contract they gave you when they promoted you, minus yours and the employers personal details and company name?

If they didn't give you a written contract stating you were on zero hour contract, or state you will be on zero hours, when you first started or where offered the job. Then you will have been deemed to be on a standard full time contract. But that contract regardless as to if it was standard full time or zero hour contract will have been replaced by the new contract given to you when you were promoted. But the main point is, was their an opt-out to the maximum 48hr working week under the working time regulations. If not then they can not force you to work more than 48hrs per week and you would be within your rights to turn round at the end of the 48th hour worked to say "Bye, see you next week. I've worked the maximum 48hrs per week under the working time regulations and i did not ever opt-out of said regulations and now i am aware of said regulations i am enacting my right to not work more than the maximum 48hr week!" - If they dismiss you for it or fail to offer you any hours as a result of doing so, then that would be a breach of the employment rights act 1996 section 45A, and you'd be entitled to take them to tribunal as a result.

Also, last night I was out at 10:45 PM I believe, then in again this morning at 9 AM

So that's a break of 10hrs and 15mins between shifts, which is less than the minimum period of 11hrs uninterrupted rest period between shifts, which is a breach of section 10 of the working time regulations 1998. So like above you can refuse to start your shift until you have had 11hrs between time shift ended and time shift starts. So if you finished work at 10:45pm and they wanted you in at 9am you can refuse to start your next shift till its 9:45am which would be the 11hr mark. And likewise if they dismissed you or didn't give you any hours as a result of your refusal to start work till the 11hrs of uninterrupted rest, then they again would be in breach of the employment rights act 1996 section 45a, and also in breach of section 10 of the working time regulations which they are already in breach of anyway.

[Jylsynder]

Re: What are my rights?

Thank you, this is all very helpful. I'll call them on Monday and see if I can get a copy of my contract sent over. If I was indeed on a contract surely that also means that I'll be entitled to sick pay as well? I know last time I was off (broke my wrist and was off for a month) all I received was government statutory sick pay. If I was off ill with stress would I he able to claim any portion of my wages at all?

[Jylsynder]

Re: What are my rights?

Another thing I wanted to query. Last Thursday someone basically called in sick so I was working on my own. I told my boss and his response was "one of the chefs'll cover you while you get a break". Obviously this was terrible, it was absolute chaos, one of the most stressful days of my life. Am I legally allowed to refuse to work that day because of my contract and the lack of staff? I've got a similar situation next Thursday and I'm really not looking forward to it!