Do I have a leg to stand on?

Discussion in 'The Quarterdeck' started by Zoidberg, Apr 30, 2009.

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  1. I've been working 17 hour shifts a day, 6 days a week at work. I'm only on a break now because I told them I'm off and if they don't like it they can sack me. Short staffed, what will they do? :roll:

    So I think it's starting to affect my health: always tired, not getting a chance to eat, feet sore as fcuk from 17 hours a day on them without sitting down at all.

    Fitness: No time or energy to run, swim, go to the gym. It's bad times.

    I'm contracted to do 22 hours a week, and I'm doing at least 70, maybe even 90, hours a week.

    Here's the kick in the crotch...

    I'm doing it for £4.67 per hour and the lad I work with is on £7.50. We don't get time and a half for overtime or bank holidays either.

    Do you think I'd be acting rationally if I spoke to my boss, asked for my hours to be cut by about 35% and a pay rise to a fiver p/h?
    I've tried before but the manager doesn't seem to care, and the head chef/part-owner hates my guts ( :lol: )
    Failing that, what should I do? I want to hand my notice in but I don't want to lose a job when I have no guarantee of getting another. My medical referall looks like it'll be another 3 months apparently.

    Should I go to a lawyer? Demand more breaks?

    I'm really at a loss, lads and ladies.
  2. Speak to your union rep if you are in a union. If you're not I recommend it. T & G Union are very good. Well they were when they used them.

    It's cheaper than speaking to a lawyer
  3. I'm not in a union, but I'll probably join one. Good idea :D
  4. Firstly, your employer is in breach of the Working Time Directive (unless you have signed a waiver and agreed to work over 48 hours).

    Secondly the National Minimimum Wage is 4.77 ph (if you are 18-21) so if you are over 18 they are also in breach of that act.

    They don't have to pay you time and a half or for bank holidays.
    Look at this website for guidance.

    Unfortunately, a lot of employers do act in this way as they know you won't just resign (and if you have been employed for less than 12 months you can't claim constructive or unfair dismissal )
  5. Know your rights young man!

    Rest Breaks – Your Rights
    When you are working you have a right to 20 minute break for every six hours that you work. Your employer can tell you when to take it as long as it is taken in one block, is not at the beginning or end of your day and you are allowed to spend it off the premises. Workers that are under 18 are entitled to more and can take 30 minutes for every four and a half hours that they work.

    Daily and Weekly Rest
    As well as rules about how much rest you are allowed within the working day, there are also regulations about how much time you should be given between shifts. You have the right to have at least 11 hours off between working days with this rising to 12 hours if you are under 18. You also have the right to a ‘weekly rest’ of 24 hours or 48 hours within a two week period.

    Working Time Regulations
    Your contract should tell you what hours you are required to work but if it doesn’t then there are working time regulations to cover you. You cannot be made to work more than an average of 48 hours per week unless you want to. Also, as a full time employee you have the right to 24 paid holiday days a year. Your employer can tell you when to take it and may include bank holidays, but they must pay your for it.

  6. I have signed no waivers.

    I'm under 18, so I guess the wage isn't awful

    If they don't have to pay it, then fine.

    I've been employed by the company for 7 months, current owners for 2 months :(

    Oh well.
  7. Punch the cnut and go and get another job, seriously.

    Alright don't punch him but I'd fcuk that right off mate, you work to live not live to work, sack it and go elsewhere. Then I'll punch the cnut.
  8. Everyone seems to KNOW THEIR RIGHTS, do these RIGHTS apply to the armed forces? If so , what happened to mine? Can`t work more than 48 hours per week? You are `aving a larf.
  9. Dr Z

    I know that McDonalds gets a lot of flak but have you thought of looking at their local vacancies? You have catering experience, after all.

    They would at least observe your contracted hours and pay at least the minimum wage. As far as I know, they can offer flexible hours, which would enable you to fit in your training and so on. When your place for Basic comes through, they would be reasonable with you; I'm not sure how reasonable your current employer is.
  10. In a few years time you'll be able to stand for Parliament. In the mean time I suggest you contact Rosie, RR's legal advisor and The PO Stoker's Personal Assistant.

  11. Hig, It is a pity that you didn't click on the links provided in this thread and read through them before posting your comment. :roll: Through those links you would have learned the following:-

    Quote from linkie:

    Who is not covered by the working time limits? (48 hours)
    Your working week is not covered by the working time limits if you work in the following areas:

    jobs where you can choose freely how long you will work (eg a managing executive)
    the armed forces, emergency services and police are excluded in some circumstances
    domestic servants in private houses
    sea transport workers
    mobile workers in inland waterways and lake transport
    workers on board sea going fishing vessels.

    Now, back on topic:

    Dr Z, I agree with Soleil - try to find yourself employment with an employer who plays by the rules. From what you have stated, it does sound as if your present employer is exploiting you.
    I wish you well.
  12. What, you don't think I am worth my hourly rate then Tommo? how rude..hehe
  13. From April 2009; employers can face an automatic penalty for underpaying the National Minimum Wage.

    If left unreported, you'll still be worked as a slave and won't benefit from anything apart from a sore head.

    Have a read of your original signed contract & the T&C's which indicate the contracted hours, if it is not made clear you can request from your HR department to see all files regarding you (this includes any emails between supervisory & above mentioning your name) but if you do this, you can be liable to pay a £10.00 max admin fee.

    Seems like you're being seen off just a tad shippers.
  14. Thanks for all the replies guys. Tonight was the last straw. The cnut hit me on the back of the head with a ******* wooden spoon- Hard. Why? Because I was laughing at a joke he didn't find funny!

    I am being paid well above the minimum wage for my age bracket, though.

    Going to hand in my letter of resignation in tomorrow, just in time to coincide with the manager, a chef and another waiter leaving. Harsh? Moi?
  15. If you are joining as Chef, don't piss off your Killick or it'll be a half pint ladel that will be wrapped round your napper and not a wooden spoon.
  16. I'm hoping to join as an AET :D
  17. MLP.....'Punch the cnut and go and get another job, seriously'.....succinctly put.

    Under 18, looks like you're being taken for a ride by unscrupulous managers. Mickie D's tend to be franchises, no ? so it's every owner for himself and that doesn't bode well for staff.

    Dr Z. Considering you appear to work for a humourless (probably fatbarsteward) of a 'chef' or some twat-type manager in catering ( what a shoite industry it is), who obviously has the leadership skills of a cholestorol- laden turd, it's mighty good to hear you are walking. Physical violence is a no-no.
  18. How kind Thingy! POS sends his regards and is still waiting for you to take him up Big Ben!

    Most of your legal issues have already been covered, but there is another piece of legislation that might affect you - TUPE, which is where one undertaking in bought by another, your rights of employment are continuous.
  19. janner

    janner War Hero Book Reviewer

    First time that I've heard a PO Stokers arris being referred to as Big Ben :roll:
  20. No really, Big Ben! The big bongy thing in Parliament Square.

    If it was up there it would be up The Big Ben wouldn't it?

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