AIBU to think this is unfair of DP's employer?

(16 Posts)
graceholl Wed 30-Oct-13 23:15:51

DP works for a major restaurant/cafe company - think Ask/Pizza Express etc. He was employed and signed a contract for a 40 hour working week (shifts varying day/night), £6 ph. This was all going well and some weeks he could be earning £320+ from working over my shifts etc. (We are in our early twenties hence the kind of crappy job).

A few days ago his manager announced all of the employees would be taking an hours cut. He's now getting about 30 hours on the rota but every day/night the duty managers are trying to send him home after he's worked only 4 or 5 hours. This is obviously doing us out of a lot of cash and we're going to really struggle to pay rent/bills/general living if on some days he's only earning £24!! (I'm on 18k annual salary so we will cope, but only just).

He really enjoys the work and doesn't want to leave the company but obviously if this is how things are going to be he'll be left with no choice. It's a national chain and has been making profits year on year so I can't see the reasons why this is being done - only that the managers get an annual bonus dependant on obviously output and input.

AIBU to think this isn't fair given that he has signed a contract of a 40 hour week? Is there a way he can contact head office? Any advice gratefully appreciated!

graceholl Wed 30-Oct-13 23:16:24

Over *his shifts, sorry.

Darkesteyes Thu 31-Oct-13 00:05:56

So who is covering the hours that he isnt getting anymore.

WooWooOwl Thu 31-Oct-13 00:19:10

So much depends on the type of contract he has.

Is he busy when he's at work? Is it the type of job where all the work he has to do can be completed in the hours he is there?

Hawkmoth Thu 31-Oct-13 00:23:12

£6/hr is below NMW

FadBook Thu 31-Oct-13 00:28:21

If he's contracted to 40 hours, he should have been consulted with about a change in terms & conditions.

£6.31 is the national min wage from age 21 and above

Itsaboatjack Thu 31-Oct-13 00:45:30

You're right, it isn't fair but that's the way of business I'm afraid. Managers of chain bars and restaurants are set a wages budget that they have to stick to. It is a % so if sales are down then the amount of money available to spend on wages also goes down.

My staff are all on above the minimum wage but I still feel shit every Jan/Feb when sales fall right off that I have to cut the hours so much, after all as you say they still have rent and bills to pay. But as a manager I won't be keeping my job very long if I can't manage my controllables.

As long as they are not giving his hours to someone else but are just scaling back to the needs of the business then they can I'm afraid.

Altinkum Thu 31-Oct-13 04:56:08

Legally (depending on his contract) he should be getting paid his contract hours, I'd contact hr about it.

intitgrand Thu 31-Oct-13 06:52:09

yes talk to human resources and the crb about both issues

CaptainSweatPants Thu 31-Oct-13 07:00:14

Are you sure these type of places make as much money as you think?

Peole have less disposable income due to cost of bills etc so dong eat out as much

We hardly ever eat out any more

intitgrand Thu 31-Oct-13 07:06:43

that is not the employees problem he must be paid his contracted hours. There are procedures to be gone through to vary his contract. Under on circumstances should he be paid less than the minimum wage

HarryStottle Thu 31-Oct-13 07:14:08

If he has a contract for 40 hours then the employer cannot unilaterally change it's terms. Your DH should contact ACAS for advice. However the unfortunate thing is that if he hasn't been in the job long and refuses to agree the change the employer can sack him and he'll have little comeback.

HarryStottle Thu 31-Oct-13 07:17:49

itsaboatjack I hope you don't tell the people who work for you that they are your "controllables"

KenDoddsDadsDog Thu 31-Oct-13 07:21:42

It'saboatjacks controllables are her budget not her people.

graceholl Thu 31-Oct-13 10:10:55

Sorry it is NMW - I believe it's £6.19 though?

He's a barman so not the kind of job that can be completed in a short time - and the managers then cover the remainder of the shift (usually the less busy times like 9pm-11pm weekdays etc).

I am 95% sure the business is making a shit ton of money, we live in an 'affluent' commuter belt town and the place is always jam packed. It's not a cheap chain either so the average table spend is pretty high.

I will get him to go over his contract with a fine-toothed comb. I know the company doesn't want to lose him (they are upping him to £7.50 and moving him to asst. manager, but this is honestly a glorified way of saying he's on more money as he'll be doing the same thing and still on the crap hours). I think he'll have to carefully look at his contract and if they can't sort out his hours he'll have to go elsewhere as it really is making life a struggle!

FadBook Thu 31-Oct-13 10:26:46

NMW increased to £6.31 from 1st Oct.

His contract might be a 40 hour one, or given my knowledge on the hospitality industry, he may well be on a lesser hour contract i.e. 25, but work more hours than his contract each week.

So in effect, they are probably cutting everyone back to their contracted hours.

A word of warning about him moving to Assistant Manager - check that he is paid an hourly rate, and not moved to a salary. He may not receive overtime payments for doing additional hours outside his rota; so best to get the calculator out and see if moving to a higher hourly rate, is worth the potential expectations of the employer (i.e. coming in 30 minutes early, leaving 40 minutes later etc).

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