Work Contract v Actual Hours Worked

[OneTrueLegend]

There is a lot of great advice on here about taking them on. My only thought is you could do that. But what happens in the meantime? Even if they relent and bring in more staff, it could be months away. If I were you I would look for something else as well, working like that is not good for you physically or mentally

 

[kev]

When you started did you sign anything that opted you out of the working time regulations ( which came from the EU) You are not expected to work more than 48 hours a week- averaged over a 17 week period unless you have opted out. The gov.uk website gives some good advice about it here. Working time regs. If they are breaching that then they are actually acting unlawfully. Join Usdaw - they are the retail workers union. Acas will help individuals with contract issues so you could give them a call 0300 123 1100.

If the three of you take out a collective formal grievance against your manager they would have to consider it. have a look at the company grievance and discipline policy. Write everything down. Every hour you do extra without pay, who told you to stay late/start early, what was the reason for it.

Happy to help further if you need me to. Just drop me a message

All excellent advice although personally I would say rather than taking out a joint grievance, raise your own individual grievance and encourage your colleagues to do the same. Seems to me that your grievance is the unfair demands put on you by your store manager. The company are more likely to take 3 grievances against the same manager more seriously than one joint grievance.
Also if one of your colleagues was to bow to pressure and accept a compromise that was unacceptable to you it could wreck your case.

 

[Seamus Colemole]

Kinda makes me feel guilty that where i work we work less hours than we get paid for every week.

 

[anjelikaferrett]

All excellent advice although personally I would say rather than taking out a joint grievance, raise your own individual grievance and encourage your colleagues to do the same. Seems to me that your grievance is the unfair demands put on you by your store manager. The company are more likely to take 3 grievances against the same manager more seriously than one joint grievance.
Also if one of your colleagues was to bow to pressure and accept a compromise that was unacceptable to you it could wreck your case.

Good points. there are merits in both a collective grievance and individual ones. My suggestion for a collective one was that if three individual grievances were taken out the employer could insist on confidentiality as a condition of any settlement - with the threat of disciplinary action for breach of confidentiality ( I've seen it done) . This means the three individuals would not know the outcome of each others or if a precedent had been set. A collective grievance would remove that factor. All three of you would be able to agree a settlement that was acceptable to all of you - assuming it was upheld.

 

[kev]

Good points. there are merits in both a collective grievance and individual ones. My suggestion for a collective one was that if three individual grievances were taken out the employer could insist on confidentiality as a condition of any settlement - with the threat of disciplinary action for breach of confidentiality ( I've seen it done) . This means the three individuals would not know the outcome of each others or if a precedent had been set. A collective grievance would remove that factor. All three of you would be able to agree a settlement that was acceptable to all of you - assuming it was upheld.

Yes as you say there are merits in both. You are correct that the employer could, (almost certainly would) insist on confidentiality clauses. For the reasons I gave before I personally would still recommend individual grievances.
I'm thinking in particular that it may be his best option if he's considering a possible future 'constructive dismissal' case (should the grievance not be resolved internally to his satisfaction)

Having said all that, I'm by no means an expert, whereas I believe that you may work in this field?
I realise that all cases are different and I'm just trying to relate it to my personal experience with a tribunal.

 

[anjelikaferrett]

Yes as you say there are merits in both. You are correct that the employer could, (almost certainly would) insist on confidentiality clauses. For the reasons I gave before I personally would still recommend individual grievances.
I'm thinking in particular that it may be his best option if he's considering a possible future 'constructive dismissal' case (should the grievance not be resolved internally to his satisfaction)

Having said all that, I'm by no means an expert, whereas I believe that you may work in this field?
I realise that all cases are different and I'm just trying to relate it to my personal experience with a tribunal.

Couldn't agree more - it's always a tough call!