Is She Allowed To Work On Her Own?

Question

My partner works in a shop on a part time basis, but is required to work on her own some weekends.
She has to work 4 hours. But has to start at least 1/2 hour early to count the cash (unpaid)
I dont think this is legal, mainy for Security and Health and Safety resons, but I cant find anything on it on ACAS or the HSE web sites.
Any Ideas.
Does anyone have any links to any relevant pages so they can be printed off and passed to her manager.

Answer 1

I, personally have tons of work. "unpaid". I don't know "legally" how this pans out. I just know it was put to me as, do it or you don't have a job. It's happened to alot of people. Problem is. it's an individual vs a major coorperation. Most people doing those jobs don't have spare change to fund the legal process. One of those many "loopholes" we are faced with.

On paper......it's illegal. Enforcement is another issue.

Number 1 Prove it. Now this includes all the paperwork you signed when you were so happy to find a job. This doesn't include the "private" conversations about saving the company or all the BS they feed. This isn't the "secret" threats or unfullfilled "bargins" they make. Now ask an employer to sign a paper on the "agreement" you make and see how fast the tides change. Now you become a "disgruntled" employee.

Do it ONCE, as a desperate plea from your employer.....and your previous signed agreement becomes null and void. Sign a paycheck for that time and it is the same thing as agreeing to it.

Answer 2

i have always been told you are not allowed to work by yourself for health and safety reasons but that was when i worked in a office with a warehouse attached so unsure about the shop. for the unpaid hours check the contract of employment on it should be the start times but also can contain a passage regarding a reasonable amount of overtime without pay. sorry i could be no more help

Answer 3

Go to a Citizens Advice Bureau site. Many of them have Employment Advisors now, and they sometimes have a Facts page on their site which lays it all out about part time work rules and regulations.

I think its definitely unfair to expect her to do this part of her job unpaid. Most businesses only expect their staff to do this during their PAID hours.

Surely she should be paid for this, OR be given time in leiu for each half hour worked per month.

Did it state in the job description that this work wasnt part of her PAID work?

Do any other members of staff have to work for nothing for the first half hour they are in?

I really would speak to an Employment Advisor at a CAB.

Answer 4

I think you siad it quite clearly when you said 'unpaid work'.
Unpaid work is either volunteer or slavery.

If her boss does not understand that someone should be paid for work done then her boss is simply ignoring the obvious.

Do you think getting legal sentences is going to change the bosses mind? They will then let someone else do the work.

If you are willing to take them to court, call a lawyer and just ask your question directly.

Or you could do it the old fashioned way and go to this boss yourself and tell him/her "I cannot let my wife work for free. If you want her services you must pay her".

It is unfortunate that sometimes in life we must do volunteer work just to keep a job. Unfortunate indeed.

Answer 5

I don't think its legal either. It has NOTHING to do with security, health, or safety. The issue is being required to work hours that are not paid. If you were in the US, I would be certain it is illegal. Because I am not sure what country you are in, I can't point you to specific laws.

Answer 6

I don't know of any, but I'd try approaching it from working time directive. If it's unpaid and she's close to minimum wage - common in retail - then this extra half hour could make her pay illegal.

Answer 7

no offense mate but your her man, my missus dont take a squat in a public toilet unless i'm 100 percent certain its safe for her to use. me personally i would use violence to get my point across if it involved my missus and her personal safety. i would get the manager on his/her own and inform them its illegal under my! law to expect my missus to tot up the cash register 1/2 before opening unpaid, and i want extra security installed. only my opinion

Answer 8

that is comp time and overtime unpaid work and if wants to not get paid she can do what ever she wants

Answer 9

working on her own is not a no-no, but having to work of the clock is a big no. Look up in the phone book for the labor board, they will help you.

Answer 10

I would think she is bein used, is is contacted that she does this, did she sign anything on this?? maybe if she talks to citizens advice centre they may clear this matter up for u. good luck