Expired

Are work allowed to make you stay after your shift has finished?

38
Found 19th Apr 2013
The shop I workin closes at 8 but I finish at 8:30. I work on the tills so I have the cash up with the manager at the end of the day only giving us 30mins to do so. Most of the time it takes longer than 30mins and when 8:30 comes I ask to leave but he says no we have to finish. I normally have to stay around 15mins later but theres been times where its been 30mins and we dont get paid for it. Ive spoke to the manager about it and suggested he changes the rota so we stay abit later and get paid for it but he just ignores us. I feel as though they're taking advantage, its not fair on me or the others that have to stay. Are they allowed to do this? If not is there anyone I can speak to about it?
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AskFinish
38 Comments
What does your contract say about it?
What does it say in your contract?

Employers in this day and age (using the recession as a excuse) take advantage of all employees given the chance.
Personnel or your union rep should be your port of call if you cant get anywhere. At the end of the day if your contract says 8.30pm then you can leave.

But what you have to think about is is it worth rocking the boat for a few minutes at the end of your shift? Maybe if you have to stay 15mins late, on your next shift ask for an extra 15min break when its quiet?
GAVINLEWISHUKD

Personnel or your union rep should be your port of call if you cant get … Personnel or your union rep should be your port of call if you cant get anywhere. At the end of the day if your contract says 8.30pm then you can leave. But what you have to think about is is it worth rocking the boat for a few minutes at the end of your shift? Maybe if you have to stay 15mins late, on your next shift ask for an extra 15min break when its quiet?


I dont think we have a union rep.
Its 15mins every time i cash up, it soon adds up and its never going to happen with the breaks, theyll just laugh at me. Tbh its a horrible company to work for but it is work at the end of the day.
J4GG4

What does it say in your contract?Employers in this day and age (using … What does it say in your contract?Employers in this day and age (using the recession as a excuse) take advantage of all employees given the chance.


Doesnt say anything about it in my contract. They dont follow what it says in there anyway, it says Im entitled to 20 days holiday but they said im only allowed 4 because of my contract hours
Same thing happened to me when I worked at a shop. Closing time was 10 but with certain managers we'd end up there at least 15 minutes after doing stuff that could easily be done the next morning when its dead in there. I think the rule there was that if it was 30 mins or more then they would pay you.
lisajohnsonxxx

I dont think we have a union rep.Its 15mins every time i cash up, it soon … I dont think we have a union rep.Its 15mins every time i cash up, it soon adds up and its never going to happen with the breaks, theyll just laugh at me. Tbh its a horrible company to work for but it is work at the end of the day.



USDAW is the union for shop workers, but guessing as you don't know your not a member.

All you can do is ask for the extra break to cover your extra time. Then it's on your side if it escalates any further. You asked to go=told you cant. You asked to be paid=No, take the time back as an extra break when quiet (very accommodating of you)=No.

Then if it goes to a grievance hearing all the balls are in your court.

As for holidays it is now 5.6weeks (28 Days) so if you work say 16hours per week it will be 16x5.6= 89.6 hours
dcx_badass

How's it take so long to cash up, at my work it takes them about 15-25 … How's it take so long to cash up, at my work it takes them about 15-25 mins to do 6-10 tills.


We have 5 to cash up seems to take ages
GAVINLEWISHUKD

USDAW is the union for shop workers, but guessing as you don't know your … USDAW is the union for shop workers, but guessing as you don't know your not a member.All you can do is ask for the extra break to cover your extra time. Then it's on your side if it escalates any further. You asked to go=told you cant. You asked to be paid=No, take the time back as an extra break when quiet (very accommodating of you)=No. Then if it goes to a grievance hearing all the balls are in your court. As for holidays it is now 5.6weeks (28 Days) so if you work say 16hours per week it will be 16x5.6= 89.6 hours


Im going to talk to him again tomorrow see what he says. Thanks for your help with the union, if it carries on ill speak to them. With the holiday they put us all on a 4 hour contract so if we have a week of they only have to pay us for the 4 hours even though we work more.
I had this years ago with Pizzaland. The chef had to stay back on a late shift until the manager had finished cashing up. They didn't get paid from 11pm onwards which was tough if the manager was also doing a close down of the restaurant as well as then cashing up or waiting for customers to leave.

Same with City Link. My shift was till 8pm but we had to do all the paperwork before leaving and some days it would be after 9pm if the drivers were late getting back. We couldn't just up and go like the other shifts so I asked for and got additional pay to compensate for this plus if we had to work much later, our duty manager used to put in for bonus payments on top of the extra hours. I was lucky as he realised we were losing our and he did the wages.


Talk to citizen's advice and see what they say. Good luck.
lisajohnsonxxx

Im going to talk to him again tomorrow see what he says. Thanks for your … Im going to talk to him again tomorrow see what he says. Thanks for your help with the union, if it carries on ill speak to them. With the holiday they put us all on a 4 hour contract so if we have a week of they only have to pay us for the 4 hours even though we work more.



Ah the old small contract scam, sadly that doesn't stand up any longer. Your contracted hours are calculated on the actual hours worked (at standard rate of pay) over a 13 week period. So if you work 16 hours every week at your standard rate then legally you contracted for 16 hours a week as far as the law is concerned.
fern37

I had this years ago with Pizzaland. The chef had to stay back on a late … I had this years ago with Pizzaland. The chef had to stay back on a late shift until the manager had finished cashing up. They didn't get paid from 11pm onwards which was tough if the manager was also doing a close down of the restaurant as well as then cashing up or waiting for customers to leave. Same with City Link. My shift was till 8pm but we had to do all the paperwork before leaving and some days it would be after 9pm if the drivers were late getting back. We couldn't just up and go like the other shifts so I asked for and got additional pay to compensate for this plus if we had to work much later, our duty manager used to put in for bonus payments on top of the extra hours. I was lucky as he realised we were losing our and he did the wages. Talk to citizen's advice and see what they say. Good luck.



We know you just flashed your legs for your bonus! (_;)
GAVINLEWISHUKD

Ah the old small contract scam, sadly that doesn't stand up any longer. … Ah the old small contract scam, sadly that doesn't stand up any longer. Your contracted hours are calculated on the actual hours worked (at standard rate of pay) over a 13 week period. So if you work 16 hours every week at your standard rate then legally you contracted for 16 hours a week as far as the law is concerned.



Really? When did this come in force? I work on average around 20hours a week, will questions him about that tomorrow.
lisajohnsonxxx

Doesnt say anything about it in my contract. They dont follow what it … Doesnt say anything about it in my contract. They dont follow what it says in there anyway, it says Im entitled to 20 days holiday but they said im only allowed 4 because of my contract hours



Why are you still working for these people????????
lisajohnsonxxx

Really? When did this come in force? I work on average around 20hours a … Really? When did this come in force? I work on average around 20hours a week, will questions him about that tomorrow.



A couple of year now. HERE is the link to the government calculator. For every hour you work you are entitled to 7 min holiday. So if you work out how many hours you have worked in the current holiday year and multiply by 7 then divide by 60 this will give you the actual amount of hours you are entitled to in that period.

So for example you worked 20 hours every week for 47 weeks a year you are entitled to 110 hours a year.
J4GG4

Why are you still working for these people????????


I know but its work aint it.
GAVINLEWISHUKD

A couple of year now. HERE is the link to the government calculator. For … A couple of year now. HERE is the link to the government calculator. For every hour you work you are entitled to 7 min holiday. So if you work out how many hours you have worked in the current holiday year and multiply by 7 then divide by 60 this will give you the actual amount of hours you are entitled to in that period.So for example you worked 20 hours every week for 47 weeks a year you are entitled to 110 hours a year.


You're a star! Thankyou
lisajohnsonxxx

Really? When did this come in force? I work on average around 20hours a … Really? When did this come in force? I work on average around 20hours a week, will questions him about that tomorrow.



I know for Working Tax Credit purposes, they want you to take an average of how many hours you work rather than your contracted hours. I was contracted for 16 but worked 20 most weeks so for WTC purposes, they considered it 20hrs.
Ok you have work in the morning.

You are still posting at 1am. If you went bed earlier then you should be able to cash up quicker on your next shift as you should have more energy.

Am I right or am I right?

P.S. It's an unwritten rule in retail, a rule I don't agree with but people do overtime and the people at the top of the hierarchy don't appreciate it but if you are 5 minutes late then there is a huge uproar.


Edited by: "mboora" 21st Apr 2013
Who do you work for?
So you get a pro rata holiday allowance of a fifth

Do you do a fifth of full time hours? I'd reckon 8 a week? If this is correct then that's all you're entitled to.
I would write a letter and ask for a responce and go from there.
Then a call to ACAS for some legal advice. They are there to help.
Good luck
dimebars

So you get a pro rata holiday allowance of a fifthDo you do a fifth of … So you get a pro rata holiday allowance of a fifthDo you do a fifth of full time hours? I'd reckon 8 a week? If this is correct then that's all you're entitled to.


Sorry I dont understand a word of that. On average I do 20hours a week.
mboora

You're a star! Thankyou[/quoteOk you have work in the morning. You are … You're a star! Thankyou[/quoteOk you have work in the morning. You are still posting at 1am. If you went bed earlier then you should be able to cash up quicker on your next shift as you should have more energy. Am I right or am I right?P.S. It's an unwritten rule in retail, a rule I don't agree with but people do overtime and the people at the top of the hierarchy don't appreciate it but if you are 5 minutes late then there is a huge uproar.



You're wrong
is it primark by any chance lol they used to do this when i worked their when at college, we had to clean the store which used to take us 20-30 min into overtime every day. GTFO to them haha
Normally it is needs of the business but they should give you time off in lieu or pay you overtime
Not B&Q by any chance
yve67

Normally it is needs of the business but they should give you time off in … Normally it is needs of the business but they should give you time off in lieu or pay you overtimeNot B&Q by any chance



She said they don't get time for extra breaks, B&Q is one big break! X)
Does your contract contain something along the likes of "or hours as per the business requires"

If so, tough.
yve67

Normally it is needs of the business but they should give you time off in … Normally it is needs of the business but they should give you time off in lieu or pay you overtimeNot B&Q by any chance


Not b&q lol
rachael125

is it primark by any chance lol they used to do this when i worked their … is it primark by any chance lol they used to do this when i worked their when at college, we had to clean the store which used to take us 20-30 min into overtime every day. GTFO to them haha


Not primark lol
dimebars

Does your contract contain something along the likes of "or hours as per … Does your contract contain something along the likes of "or hours as per the business requires"If so, tough.


No
not a certain clothing retailer that has flash sales starting in the very early hours of the morning by any chance is it Lisa ?
dimebars

Does your contract contain something along the likes of "or hours as per … Does your contract contain something along the likes of "or hours as per the business requires"If so, tough.



This allows them to get you to work beyond your scheduled finish time, but it does not allow them to not pay for it.

The OP simply is getting screwed. He's doing hours he should be getting paid for that he isn't. He is missing out on holiday pay. Employers get away with it as employees don't know their entitlement. Thing is, some managers also don't know the rules - they end up believing their fake rules are legal. You need to take as much evidence to them - you've got the link for annual leave, and you can take your contract in and ask your manager to point out where it says they won't pay you when you have to stay late.

Thing is, you really need buy in from your colleagues, as its quite simple for your employer to drop your hours to 4 hours a week, which doesn't help you at all. Get your colleagues involved, and its harder for them to do that - although not impossible.

With the being paid to stay late, your employer can make you jump through hoops, e.g. note finish time in some kind of book and get it signed off by a manager. Don't do that, you don't get paid. However, that seems to not be the case here as your manager seems to be clear there's no pay.

Edit: she, even
Good luck!
Edited by: "eayragt" 21st Apr 2013
Not sure about the law but company I work for pays in blocks of 15 minutes. So we would get paid extra if we were 15 minutes late clocking out at night.
Used to do this to me at a supermarket until I walked off at my scheduled finish time once, they still tried it on but never said anything after i'd left.
Used to work at a toy shop that actually made you start 15 minutes before your shift unpaid. 4hr shifts 5 times a week on £6.20 an hour. I thought nothing of it and just showed up on my actual time until the manager actually wrote a letter stating I was late to work 5 day in a row. Even though every time I got there before my shift started. Lunacy
traceym

not a certain clothing retailer that has flash sales starting in the very … not a certain clothing retailer that has flash sales starting in the very early hours of the morning by any chance is it Lisa ?


Na lol, im not going to say which company just incase
lol thought it might be the same shower my niece works for bunch of twits to put it nicely
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