Told I have to be duty manager.

[SWEV]

I work in a store as a sales assistant on a zero hour contract. Nowhere in the contract does it say I have to do management duties. My employer has told me that from next week I will be put on rota as a duty manager. I said I'm not management so how can I be a duty manager. He said you don't need to be management. I said If you don't need to be management to do management duties then what's the point of having management. He just said everyone will have turns at being duty manager, no exceptions. Is it true you don't need to be management to be a duty manager?

[Openlaw15]

Re: Told I have to be duty manager.

Sales assistant contract terms are very different from management duties/ task contract terms. Do you get increased pay for being a duty manager?

[charitynjw]

Re: Told I have to be duty manager.

Ask him (nicely) to put it in writing.

Tell him that it would look good on your CV :tinysmile_twink_t2:

[SWEV]

Re: Told I have to be duty manager.

No extra pay is given. But if something happened while you are on duty manager then it's your responsibility to deal with it and you are responsible for any losses. This is not what I signed up for. If I wanted the responsibility I'd have become a manager and got managers pay. Can you be a duty manager if you are not management?

[Openlaw15]

Re: Told I have to be duty manager.

No extra pay is given. But if something happened while you are on duty manager then it's your responsibility to deal with it and you are responsible for any losses. This is not what I signed up for. If I wanted the responsibility I'd have become a manager and got managers pay. Can you be a duty manager if you are not management?

Ok, now some specifics would be useful. What are the management tasks? What training have you had? As far as am aware what the worker does is between them and the boss, unless it is illegal such as hmm selling drugs. Try asking them for more money owing to the increased responsibility. You're not likely to be liable for losses as you're not technically an employee - you do not have a contract and the boss does not have to offer you work.

[charitynjw]

Re: Told I have to be duty manager.

Ok, now some specifics would be useful. What are the management tasks? What training have you had? As far as am aware what the worker does is between them and the boss, unless it is illegal such as hmm selling drugs. Try asking them for more money owing to the increased responsibility. You're not likely to be liable for losses as you're not technically an employee - you do not have a contract and the boss does not have to offer you work.

What is the employment 'status' of someone on zero-hour contract?
Does the employer deduct tax & NI?

[Openlaw15]

Re: Told I have to be duty manager.

What is the employment 'status' of someone on zero-hour contract?
Does the employer deduct tax & NI?

Ok there is a contractual relationship (i here correct myself), but there is no obligation to offer work. The Op generally has a duty to obey reasonable and lawful instructions and orders from the employer: Pepper v Webb [1969]. If the Op has something in writing that will help. There is a new law that came in 2015 for zero hour contracts..so i'll look at that first, then reply further. As far as am aware it's normal Pay As You Earn, usual with tax.

[SWEV]

Re: Told I have to be duty manager.

I am on zero hours and minimum wage. Is it reasonable for me to then have management duties forced on me. Those duties include being responsible for fire evacuations, being responsible for the store when no management are on the premesise, dealing with shoplifters. These are the things managers get paid to deal with and are trained to deal with. If I see a shoplifter I get the manager cause that's what he is there for. If there is a fire I know my part but I've never been trained to coordinate a fire evacuation, that's what the manager is for. Why should he get paid the big wage and I get lumbered with the responsibility.

- - - Updated - - -

Surely a duty manager is the manager who is on duty? How can I be a duty manager when I'm not even a manager.

[Openlaw15]

Re: Told I have to be duty manager.

I am on zero hours and minimum wage. Is it reasonable for me to then have management duties forced on me. Those duties include being responsible for fire evacuations, being responsible for the store when no management are on the premesise, dealing with shoplifters. These are the things managers get paid to deal with and are trained to deal with. If I see a shoplifter I get the manager cause that's what he is there for. If there is a fire I know my part but I've never been trained to coordinate a fire evacuation, that's what the manager is for. Why should he get paid the big wage and I get lumbered with the responsibility.

- - - Updated - - -

Surely a duty manager is the manager who is on duty? How can I be a duty manager when I'm not even a manager.

If you work casually, ie few hours a week but not regular, it's likely you're a worker, which means you do not have continuity rights as an employee to benefit normal employee rights: Autoclenz [2011] UKSC 41. Address this point first. So if you work regularly even if it's part time equivalent hours, you're likely an employee: Autoclenz. How long have you been working there?

[des8]

Re: Told I have to be duty manager.

Here's ACAS take on employment status of zero hours employees
http://www.acas.org.uk/index.aspx?articleid=4468

[SWEV]

Re: Told I have to be duty manager.

I work four 8 hour shifts every week and have done for over 2 years. I'm not looking at employment tribunals, I just want to know if anyone can be a duty manager or if you have to be employed as some form of management to be a duty manager. If anyone can be a duty manager then what is the point of having managers. You may as well employ all zero hour staff and tell them they are in charge.

[Openlaw15]

Re: Told I have to be duty manager.

I work four 8 hour shifts every week and have done for over 2 years. I'm not looking at employment tribunals, I just want to know if anyone can be a duty manager or if you have to be employed as some form of management to be a duty manager. If anyone can be a duty manager then what is the point of having managers. You may as well employ all zero hour staff and tell them they are in charge.

You're likely to benefit from normal employ rights, the first point. If the employer thinks you're capable and gives you adequate training. yes the employer could do that. The problem is normally in contract where there is change of terms (variation) it requires another benefit ie more money, as it is essentially a different contract. So, the ball is in your corner, so to speak.

[teaboy2]

Re: Told I have to be duty manager.

To cut to the chase - No he can not make you duty manager without you mutual agreement. He therefore can not change the core terms of your contract (job title, job description, wages, hours etc) without your consent.

The problem you have however is that as your on a zero hour contract if you refuse to be the duty manager, then the employer is under no obligation to offer you anymore hours and you could find yourself with no job and no legal recourse to take them to tribunal for.

[Openlaw15]

Re: Told I have to be duty manager.

To cut to the chase - No he can not make you duty manager without you mutual agreement. He therefore can not change the core terms of your contract (job title, job description, wages, hours etc) without your consent.

The problem you have however is that as your on a zero hour contract if you refuse to be the duty manager, then the employer is under no obligation to offer you anymore hours and you could find yourself with no job and no legal recourse to take them to tribunal for.

No one has to take the work offered and the Op is no exception, but they're asking is it illegal for the boss to be asking them to fulfill management tasks, ie Duty Manager. I am saying no it is not in principle based on employment case law relating to Zero Hour Contracts. The facts are Op has worked for 2 years doing a sales roles so they are more than likely aware of the way the company works. If the Op were to feel it was unreasonable especially as they're not being paid management earnings, that's something different all together.

[teaboy2]

Re: Told I have to be duty manager.

No one has to take the work offered and the Op is no exception, but they're asking is it illegal for the boss to be asking them to fulfill management tasks, ie Duty Manager. I am saying no it is not in principle based on employment case law relating to Zero Hour Contracts. The facts are Op has worked for 2 years doing a sales roles so they are more than likely aware of the way the company works. If the Op were to feel it was unreasonable especially as they're not being paid management earnings, that's something different all together.

It's unlawful to unilaterally impose new contractual terms on an employee without their consent. Zero Hour Contracts are no different as the core terms mean employees are employed to fulfill a specific role that has specific duties for the hours offered each period! Whilst the hours can be changed between each period, and theres no obligation to work any hours offered, the terms of job title and duties can not be changed without mutual agreement. The same applies if the employer is trying to impose a new zero hour contract on the employee where the job title and duties are different.

End of the day the OP has the right to say no! But as i said, the problem he/she has is if they said no, they are not guranteed to be offered any more hours!

Also just because the OP has worked there for 2 years doesn't mean he has the required skills, training or knowlegde and experience to fill the role of a duty manager - So lengh of service and knowledge of how the company works is irrelevant to be fair! Theres also the issue that its only temporary and that the employer made it clear that everyone would have to perform the role of duty manager at some point!