Unpaid overtime, is it right?

Question

My Partner currently works in a major UK supermarket chain and had done for a couple of months. He works on the fresh food counter which manages the salad and fruit bar, makes all the fresh in store pizzas, sandwiches and those things.

He works on the late shift so he's always managing the closing down of the department which includes the cleaning, storing, marking down and disposal of the food, among other tasks and in the time that he's worked there he has only left work at his contracted end of shift time twice. Due to the amount of time closing down takes, he is always between 30 minuted to an hour late to leave the store, sometimes not getting out until after 11pm. The thing is, for every time he's stayed on late, he doesn't even get paid for it.

He asked for a 1 to 1 today with his department supervisor who basically said it was tough luck and he had to work until it was all done. He asked the store manager who said that what his department supervisor said is what will happen.

The poor guy has understandably become very frustrated and the fact that the store won't work with him to try an help is making things even worse. He's even starting to debate if he should quit the job.

What I want to know, is if it is right or legal that they can force him to stay after his end time, and work for longer hours which are unpaid. We really want to try and find out where we stand on this, but Citizens advise and the job advice lines aren't open on weekends.

Answer 1

Its not illegal to ask him to work until the job is complete, but unlike all the other answers on here giving you wrong advice because they think they are employmeny law experts, you dont have to accept it. im a store manager and when we have night staff, if the store closes at 11pm we contract them till 11.30 to get the store "closed", you only have to work the hours in the employment contract, there is no way can he be sacked for leaving at the end of his shift, ive worked in human resources as well and this is drilled into the store maangers as its will be costly being taken to court. this is from the govenment website, there words not mine



"Overtime generally means any work over the basic working hours included in your contract. Regulations say that most workers can't be made to work more than an average of 48 hours a week, but they can agree to work longer. This agreement must be in writing and signed by you."



"Can you be forced to work overtime, or stopped from doing so?

Your contract of employment should include the conditions for working overtime. You only have to work overtime if your contract says so. Even if it does you can't usually be forced to work more than an average of 48 hours per week. If you are told to work more than this and you don't want to, you should take it up with your employer."



so ignore all these "experts" on here, the fact is you only have to work the hours in your contract, or employers would give you a 6 hour shift and make you work 10 to finish off the work that was needed to be done. speak to the manager and say from now on you will not be stayin longer than is in your contract unless you recieve notice and payment or time off in lieu. they can not SACK you for refusing to work unpaid, its called EMPLOYEE PROTECTION LAWS.



HOPE THIS HELPS.

Answer 2

Tell him to start closing down the department an hour before closing, doing the less obvious first to the more obvious last and leave on time. If his supervisor says anything have him say his contract is between this time and this time, that if they want to pay him to work later and add that to his contract he will otherwise he will continue at this new start time. Or like you said he can quit and find a new job.

Answer 3

Hi, If in UK Try ACAS, (Advisory, Conciliation and Arbitration Service) they deal with employer issues, type Acas on yahoo, to get their website, or see the link below, they also have a helpline phone number.



The Acas Helpline is the place to go for both employees and employers who are involved in an employment dispute or are seeking information on employment rights and rules. The Helpline provides clear, confidential, independent and impartial advice to assist the caller in resolving issues in the workplace.



Call the Helpline on 08457 47 47 47



Monday-Friday, 8am-8pm and Saturday, 9am-1pm



http://www.acas.org.uk/index.aspx?articl…

Answer 4

Hi, I used to work in a grocery store, I labored the 2-8 shift. We had been consistently kept in the back of through the manager who mentioned he might maintain us behind for 45 mins with out paying us overtime, then after forty five minutes he would go and clock us out without telling us! Most of us on that shift had been mum and dad working these hours given that we had no childcare at every other time of the day! He would say he used to be entitled to sack us if we failed to keep, but my argument used to be everybody who worked the day shift went house on time, why shouldn't we? I do know one girl who clearly break up up with her partner over this as he was at residence ready for her to come again and he or she used to be 1 and a 1/2 hours - 2 hours late every night time. Finally I had enough, I think these firms are very clever- none of us ever had a copy of our contract of employment, we signed one and it was kept at work and we weren't allowed to look it. I suggest you to get out.

Answer 5

No.



"Each of us will render an account for himself to God." Romans 14:12



"Thou shalt not defraud thy neighbor, neither rob him. The wages of him that is hired shall not abide with thee all night until the morning." Leviticus 19:13