Can a nursery require unpaid overtime from minimum wage staff?

Nope, every member of staff must be checked at the end of their shift, bag searched etc and this time is after they clock out. Takes maybe 5-10 minutes

No. They need to pay at least minimum wage.

Report the company to HMRC for breaking minimum wage laws...

They’re not paying their staff for the time spent on security checks?

They still do this btw

This is a management problem not a staff problem.

If management say they don't pay after eg 4pm then your daughter needs to leave at 4pm on the dot. If the room is over ratio then the manager needs to come in and cover or call parents to collect.

No they can not.

Yes, I believe this is true (but I’m not a lawyer). I can remember Sports Direct losing at court due to paying below minimum wage. They were making their staff have a compulsory security check before they went home but were not paying the staff for this time.

I used to be a nurse and this wasernt uncommon
But we did get Time owing for when we had to stay behind
You say staff cant just walk out
But they might have their own child care issues, caring responsibilities etc.

Well I thought it was standard for there to be an extra charge if parents didn't pick their DC up on time from nursery.

I've certainly heard friends/colleagues mention it and what is the charge for if it's not to pay for extra staff costs in the form of overtime?

i’d suggest the late parents should pay the overtime! or a nominal sum that’ll sharpen them up to picking up on time.

so it might be helpful if that convo is held with the manager to see if she agrees.

That could stop the recurring late parents in future from thinking “oh i’ll just pick up the dry cleaning on the way and be ten mins late as the nursery wont mind” Yeah they will and itll cost you x amount.

It’s sadly common, especially in that environment and it’s not right at all. I had to work unpaid overtime when I worked at Next many years ago, terrible company. Now I’m older and am more confident about laws, standing up for myself etc, I wouldn’t put up with it. It’s harder when you’re young and worry about complaining as you need a reference elsewhere etc.

Employers like your DD's make me very angry: trying to increase their profits by shafting their dedicated staff. They don't deserve to have good people working for them. Yes it is unlawful for the reasons posted above, the nursery is obviously counting on their employees not knowing their rights so I hope your DD challenges this.

On a slightly separate note: does anyone agree that nursery work should not be a NMW job (which should be for fully unskilled jobs)? It may not require specific qualifications but does need 'soft' skills and trustworthiness. So imo your DD's employer is ripping off its workers twice over.

Yes it’s breaking the law if they are on NMW.

I work in a nursery/pre school and are paid for every bit of over time we do. In fact our finishing time for parents is 2:45pm but we are paid up until 3pm to give us time to pack away and talk to parents if needed. They are breaking the law.

Report to Acas or Fair Work Agency

Yes, she needs good records of when she is actually 'at work'. It's not enough that her shift is officially (say) 8 until 6 with one hour lunch and her pay slip says she was paid NMW for these hours if she was told to be in and ready to work by 7.30, only had half an hour for lunch and wasn't able to go until 6.20 when the last child had been collected and any cleaning/tidying etc had been done.

I would have thought that a nursery would have some way of signing in/out for fire regulations and also so they can show during inspections that they're meeting required staffing levels, so she can use these records to demonstrate not being paid NMW. Is there any staff representation? A union or 'employee spokesperson' she can talk to, who can talk to management on everyone's behalf?

It is illegal for anyone to be paid less than minimum wage for time spent working.
Your dd doesn't get paid for the time in between walking through the entry and actually starting work (time to hang upher cpat, put her packed lunch in the fridge and go to the loo perhaps) nor for any faffing at the end of thr day between when she is told "ok you can go now" and actually walking out. But every minute between those times needs to be either paid or an actual full break (ie away from kids, not supervising their lunch or anything like that, or doing paperwork).

DD should keep careful written records of working times. When she is working past her contracted hours she needs to have a clear record of why - is her supervisor still giving her active instructions for things to do, is it that there's only one child uncollected and actually only one or two staff members need to be there but all staff are staying out of team spirit.

At the next payday she needs to first raise it directly in writing with the employer, including copies of all the evidence - these were my working hours, I have only been paid for this much, there is a further £xx due which I haven't been paid for. Obviously they will refuse at that point but then she can follow the various routes laid out here www.gov.uk/national-minimum-wage/worker-disputes-over-minimum-wage to get it resolved.

It's not unusual for nurseries to try this, but it is illegal and lots do end up getting reported and fined!

Op

get your daughter to keep a diary of the days, times etc she is working without pay

https://www.gov.uk/government/news/hundreds-of-employers-handed-penalties-for-illegally-underpaying-workers

here is the list along with the amounts they owe

They should complain to HMRC here
https://www.gov.uk/government/publications/pay-and-work-rights-complaints

It's illegal. And may be a sign that after recent changes the nursery is not financially viable.

It’s illegal regardless and why companies get fined and named