Employment law

Thanks everybody, I will keep you informed re the outcome but I think she should look elsewhere.

Well my DD has worked for her company for over 3 years and is still at the bottom of the pecking order when it comes to weekends off. She often does the rota and always has a huge number of requests for particular days off meaning that she often takes what's left and is often stuck with a Tuesday (apparently the worst day off). Having half days off is not fair.

My friend was told that it would be months before she was given a weekend off but she accepted two days off each week, not necessarily together but that did not happen. She realises that she is bottom of the pecking order.

My DD works for a well known coffee chain. She is a shift manager. She very rarely gets 2 days off in a row and at this time of year having a weekend day off is almost impossible and she is currenly working a six day week. Her store has a huge problem when employing students. Many of whom want the best days off (Fridays, Saturdays and Sundays) and are not prepared to work late on "student nights". My DD always tries to be very fair with the rota and always gives everyone WHOLE days off, not half days.

Indinana I did wonder but we can each misread something wrongly.

That was also my understanding of the law but it is 12 years since I worked so times and laws do change. I think that she is being taken advantage of and I do not like that.

Thanks vampirequeen that explains it beautifully. My friend is easier to exploit although she has a good command of English, she does get tongue tied in stressful situations. It is a chain with I would think a high turnover of staff. This chain does not run 24/7 but they are open 7 days a week. My friend is going to leave asap. She is hoping to go to university here but I am not sure how she will fund herself yet.

To save money the staff have to clean the place before they leave each evening- I am not certain if this happens at every branch but I would imagine so. She was aware of this at her interview.

Sorry Charleygirl, not sure where I got the idea that it was your friend's daughter, rather than your friend .

When I was working in HR the legal entitlement was one full day off in every 7 day period. It doesn't have to be the same day each week, but each 7 day period must include one full free day.
It can, of course, mean that someone could be rostered to work sometimes for 12 consecutive days, with their weekly full days off being at the beginning of week 1 and the end of week 2.
If your friend's daughter is not getting this full day every week then her employer is breaking the law. (I'm positive there has been no change to this legal entitlement).

Did you mean they're easier to exploit? Your friend needs to join a union and get advice. It sounds to me that the company is pulling a fast one.

I found this on line:

Workers are entitled to at least one day (24 hours) off each week. This can be deferred (but not abandoned) in particular circumstances: for instance, where there is a high level of seasonal work, or where round-the-clock working is required.

The 24-hour break each week can currently (if it suits you as employer) be replaced by two separate 24-hour breaks, or one 48-hour break (two 24 hour periods back-to-back) in each 14-day period.

Workers who work more than six hours per day are entitled to a rest break of not less than 20 minutes, away from their workstation. Employers must make sure that workers can take their rest break. Mobile workers are entitled to ‘adequate’ rest.

www.lawdonut.co.uk/law/employment-law/working-time-hours-leave-flexible-working/paid-holidays-rest-periods-and-entitlement-to-time-off

As far as I can gather, some are from Romania others European but none born and bred in Britain. I was not implying anything.

Or perhaps you are just quoting your friend?

Not sure how to take your comments about no one at that branch 'being British' Charleygirl what does that mean and what are you implying

That is what I think trisher. She did agree to have days off separately eg Monday and Thursday but she never did or would agree to half days instead of full days off. I cannot believe the brass neck of this well known company.

Regardless of any contract she is legally entitled to a full 24hour break usually each week (this can change if it is calculated over 14 days) If she is only getting half days the employer is breaking the law.

Yes, Anya she has, I believe that it was at the start of last week. This is a large company and I would not be surprised to discover that this is only happening at that branch. I do not think that anybody working at that branch is British so the manager may have made up the rules as he or she went along. I may find out more on Tuesday when I meet up with my friend.

I expect it was more a case of nobody being clear about the terms of employment. Letting it go 6 weeks without saying "hey line manager, how about some full days off?" is a bit sad. I'd be interested to know from the OP when her friend first broached the subject with the line manager...if indeed she has yet???

I think in this case the employee is right to be cautious. She expected to be given 2days per week off. I think she is right to assume that this would take the form of 2full days, unless she has explicitly been told otherwise. It turns out that the employer is not in fact talking about 2 full days at all, but some other arrangement, which could mean half days totalling 2 days or something else entirely. The lack of transparency would concern me. The employee needs to know what she is signing up for.

I got fed up of people promising all sorts at interview then failing to live up to expectations that I introduced a 6-month probationary period. It cuts both ways you know.

I think she needs to be careful, even if the statement of employment is forthcoming. There is room for ambiguity, and I think dd needs to nail down as much as possible in writing as early as possible. I'd be very wary of a company that shirks away from telling an employee exactly what is expected of them. Call me an old cynic, but these "flexible" arrangements are usually there to benefit the employer, particularly if that employer runs a 24/7 operation.

Of course, it could be a perfectly decent company to work for.

Most people are entitled to a written statement of employment within two months of taking up a new job.

This from acas spells it out

Your friend should have a friendly chat with her line manager, keeping in mind at interview she did say she was 'flexible', and reach a compromise.

gettingonabit that is what I think and it is a very well known company.

Technically there is no legal requirement to give a written contract but it IS, I think, a legal requirement to have a written statement of employment.

A verbal contract is legal, yes. There's,son quite good stuff online.

Sounds as though this employer could be taking the p...

There is no legal requirement for an employee to have a written contract. Acceptance of a job offer is deemed to be binding. I'd also imagine that all a written contract would stipulate would be the number of hours to be worked each week.

ACAS helpline give good, free advice.

As far as I know she is not in a union but I am meeting with her I think early next week so I will be asking those questions. The easiest thing is to get out.

Is she in a Union (or is the workforce represented by one?). Alternatively, she could call ACAS for general advice on terms and conditions (in preparation for that "confrontation" with her manager).