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Question

my daughter who is 17 has been asked to do stock take in a shop she works in part-time. her normal hours are thursday 4 hours and sunday 6 hours, it is in her contract. she is studying for her A levels and I really dont want her to do it as it will interfere with her study, the stocktake is this evening starting at 6pm until whenever it is finished, probably after midnight. i am doing a night shift and wont be able to pick her up but her manager is saying she HAS to do it. Is that really right?

live in the UK

Answer 1

I have been a manager of a retail food store, and have taken charge of many stock takes. There is no way I would insist or demand a member of my staff, whatever hours they worked, to participate. As a manager, I always liked everyone working within the store to assist, and always ensured secure transport home if it went on late, but would never demand it. All my staff that worked were given extra payment or time off in lue. I think it is disgusting that her manager has said "she has to do it"

No she has not, and unless stated in a contract of employment, that she has signed, saying she agrees to work during a stock take, she can refuse.

Why not just say she can do a couple of hours, if she wants, and then leave? I would not have a problem with that, why should anyone else?

Answer 2

She doesn't HAVE to do anything, but if the manager is a wally she could get no shifts next week and the week after and therefore be effectively fired (constructive dismissal, she can legally get him on this).
However, I bet your daughter doesn't mind. Stocktakes are over and above normal work for most people. A nasty job, and the manager is paid to get these things done.
Her A levels are not until next year. I'll bet on a saturday night she normally goes out with/to her friends and is not studying anyway.
I think YOU dont like the lateness of this particular job, mothers do worry after all.
Tell her its fine, as long as its not a regular thing (which it wont be) and tell her to order a taxi in which to get home and to call you when she's leaving the job and when shes home. This covers all the bases.
Think of how this is about your worry, be honest with yourself and then her. Saying study is the reason to her is unfair. She may really want to keep this job, and the manager could be a dick, your daughter may believe she HAS to do this. But moreover I'll bet she wants to. Give her some support, clearly shes a good girl, you know where she is, she working. Not going out and getting drunk or hanging around street corners.
Good Luck!

ps. her paying for the taxi is a good way for her to see how much money she is losing paying for the cab, having done the extra work and to work out if it is worth the extra work.

Answer 3

You should check the contract. it may state that from time to time there may be a requirement to assist in these matters. If there are no provisions for this then she could refuse (i believe). as a retail employer i always state in the staff contract of employment that there may be a requirement for such duties and that notice will be given to this effect. In general employees under 18 are not allowed to work past 23.00hrs although there are exceptions to this rule. Remember employees have rights, but so do employers. The best would be to sort it out amicably with the employer. take a look at www.businesslink.gov.uk and www.dti.gov.uk. these web sites provide all in the information for both employers and employees.

Answer 4

Check the contract. There is usually a bit that says "...and anything else at the manager discretion." That'll cover it. If there is nothing in the contract relating to overtime or stock take, then in theory she can ask to be shown in the contract where it states that she HAS to do it.
In all honesty tho, shes a big girl at 17. Its her job and she should decide how to handle it.

I agree with your worried about her returning home safely. It is something she should raise with her manager. Maybe she could get a lift home with her?

Answer 5

Stocktake has to be done yearly - and who else better to do it than the staff working there - if its a big shop I wouldnt think she would HAVE to do it but if she does have to do it she should probably be compensated by at least a taxi fair home - as for her studies Im not sure that really comes into it as its just one night.

Answer 6

I think she will have to do this task, it is part of a shop assistants job and it cannot be done while the shop is open for business.
Your daughter is 117, nearly an adult, she has taken this job on to earn money. She needs to learn that if you take a job on you need to see it through.
Or is it just you worrying. If this is the case, the only thing you can do is support her and ensure that she has transport home.

Answer 7

Are persons under 18 allowed to sign contracts in the UK ? Those contracts in the US would not be binding

Answer 8

She is a minor. In the states our youth aren't supposed to work past 10PM. That is the law in most states. What is the law in UK? I think, as her parent, you can put your foot down to her. She may need to find a different job. Her grades are much more important than this manager who thinks he has full controll of her time.

Answer 9

if its in her contract, she is supposed to do the stock take,
she is 17 she should decide if she is going to do it or not, your daughter could get a lift home from work or even a taxi home, one evening isn't going to make much difference to her studying time

Answer 10

You know managers could care less about someones well being, its all about business. I know because I worked 7 mnths pregnant(22), assuming my manager would drive me home after. It was snowing, and what do you know. I walked home in the slippery snow 7 months preggers. How much does she need the job? Moms know best, use your judgement!