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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

To be very upset at the way I'm being treated at work?

50 replies

Thedancefloorsatemptress · 04/01/2015 09:04

Hi all I'm a chef in my local village pub. I've worked there for 4 years but in the last 6 months the lease has been sold to a new family who have taken it over.

I'm currently 7 months pregnant with my first child.

We are always short staffed. There's generally me and one other if I'm lucky plus who ever is on the bar.

Whilst I've been pregnant I have been working every night from 5:30 pm until whatever time we finish (service of food stops at 9:00 pm) and also Sunday, Monday, Tuesday, Wednesday and EO Saturday from 6:30am until 4pm or whenever we get finished. These are long shifts on my feet and its starting to take its toll. I asked my boss if I could have a couple of nights off a week to which he responded 'who the fuck am I going to get to cover 2 night shifts a week?'

I have been left to carry sacks of potatoes into the kitchen an pour drums of oil into the fryers simply because there was nobody to help me.

My new boss and his family (wife and 2 step daughters aged 16 and 17 who don't help out at all) are often in bed until 11am. They tend to come down in their pyjamas at a really inappropriate time and ask me to make them breakfast, dump all of their dirty pots by the sink and expect me to wash them up as well as this we have to go and collect their dirty laundry wash it and dry it!

Anyway on NY day I had come in at 6am and worked all the way through until 5:00pm. I decided that it wasnt worth going home for half an hour so stayed at work and did some prepping instead (bearing in mind I hadn't had a break all day).

That night I had a new member of staff working with me. And right before service finished we got 2 large tables of people walk in unexpectedly. The girl on the bar asked if we would be ok to serve them (it was 8:50) and I said yes as we hasn't finished serving. They ordered starters and mains and then some had puddings but of course you have to wait until each course is back before you can dish the next one out. I was absolubtely exhausted!!

We both managed to get all of the dishes back in by around 10 pm. The kitchen was still to clean, the pots to wash and put away, the floors to sweep and mop and every surface needed to be disinfected. It was 10:50pm by the time we got out of there.

Yesterday, I recieved this text off my boss. 'Can I just ask what the fuck were you and *** doing in the kitchen until 22:50 last night when we finish food service at 21:00????

None of them once came down to see how we were doing or to lend a helping hand, they never do. It's their business but it seems to me as though they just can't be arsed with it! I've been coming out on snowy icy mornings recently and more than once I've slid down that bank sideways in my car on my way to work!!! I just feel like its a massive slap in the face after everything I've done for them.

I worked Xmas and new year for no extra pay. Not even a sodding
Xmas card off them!!

OP posts:

Vycount · 04/01/2015 09:33

You're at work! And how long do you plan to be there for today?

Mrscog · 04/01/2015 09:33

Keep everything, don't put anything in writing that you wouldn't want to be read by his solicitors (keep swearing on your part minimal). Work out what you can afford to do financially. Then take action against him, and plan to find a new job after ML.

CrispyFern · 04/01/2015 09:34

If you can afford to stop working now, at all, do so. It's not worth your health or that of your baby to work for that arsehole.

Littleturkish · 04/01/2015 09:36

I'm so sad that you're being taken advantage of like this.

You say you have no contract- how are you paid? Do you have a payroll number? Or is it cash in hand?

You MUST call ACAS and ask their advice.

Vycount · 04/01/2015 09:37

Honestly Op, there's a mix of good and bad advice on this thread but just speak to the right people tomorrow.
Goodness knows why you are in there this morning having finished at 11 pm last night. You need to look after yourself and your baby. Up to you, but I'd be inclined to just down tools, quote whatever sickness you want to due to pregnancy, and go home now. Don't wait to "have words" with him, that's going to get even more stressful. Surely you're not planning to work tonight as well??

Original poster

Thedancefloorsatemptress · 04/01/2015 09:38

I'm a bit of a martyr but I'd rather have it out with him face to face than have an eppy on the phone.

I've got something I can confront him with now - it will more than likely put the wind up him but at least, today I have the satisfaction of knowing that if he pisses me off I am well within my rights to walk out of that place and leave him in the middle of service to run his own business

OP posts:

wowfudge · 04/01/2015 09:39

OP speak to ACAS first and be armed with the facts as to your rights and his responsibilities as an employer before you have the conversation with him. You're actually not in a bad position - he needs you to run the kitchen. Use this to bolster your confidence while you get through today.

Ask him for a meeting at a particular time tomorrow - once you've had the conversation with ACAS.

BallsforEarings · 04/01/2015 09:39

What Vycount said! Don't accept this OP!

LynetteScavo · 04/01/2015 09:43

I thought if you went off sick at this stage your maternity leave would have to start ( it's a long time since I had a baby though, so I may be wrong!)

Do not go into work.....call in sick and start your maternity leave, then look for another job when you've had the baby. The whole thing sounds horrific.

Vycount · 04/01/2015 09:44

Last post for now from me Op - I'm an ex HR manager and advise you that there is no rush to deal with this immediately or even book meetings tomorrow (you might not be able to get legal advice in time). Don't rush head first into a confrontational discussion, don't give him potential ammunition against you. Go away, speak with ACAS to assemble your facts and find out what action you need to take. You probably have a legal case against them.

In your shoes I'd go off sick immediately (exhaustion pregnancy and work related) at least for today, and probably tomorrow because you won't be able to speak to ACAS while at work. But that's just me...

Vycount · 04/01/2015 09:45

p.s. "I'm a bit of a martyr" - yes you are, but you need to get over that now and act in the best interests of yourself and your baby. You bosses are making hay out of you being a martyr, so bloody stop it!

Oodbrain · 04/01/2015 09:47

Not til 36 weeks I think Lynette

wowfudge · 04/01/2015 09:47

Vycount has put it more succinctly than me - that's what I was getting at: don't rush into a confrontational discussion.

Stealthpolarbear · 04/01/2015 09:50

They sound horrendous.

LegoSuperstar · 04/01/2015 10:10

This reply has been deleted

Message withdrawn at poster's request.

BikketBikketBikket · 04/01/2015 10:13

I agree with what everyone else has said; take Vycount's advice and act on it. You need to get out of there asap.

That said, I'm a bit of a martyr but I'd rather have it out with him face to face than have an eppy on the phone is not really a very pleasant thing to read for those of us who have family members with epilepsy....

Vycount · 04/01/2015 10:26

People - she's already at work today!

Meechimoo · 04/01/2015 10:30

Are you self employed? Not sure why you don't have a contract? I think, if you're self employed, you don't need one?

mushypeasontoast · 04/01/2015 10:30

You have worked there for four years, your job role should have been tuped over therefore the original contract of employment you were given still stands.

Join a union now. They will be able to advise you for any future issues. Also they will pay tribunal costs should you have a case.

You do need to ask for an up to date risk assessment. I would also be refusing to lift heavy objects and calling him every time.

What do you do about handling raw chicken and other possible dangerous foods?

It is not your job to cover time off. It is your bosses. That is his choice to make.

Phone in sick. Take the text to your doctor and tell them you feel you cant work at the moment. Your doctor will support you.
Hth

Original poster

Thedancefloorsatemptress · 04/01/2015 11:12

bikket eppy is a term we used to use at school in reference to epidemic not epilepsy! So please don't take offence.

OP posts:

Vycount · 04/01/2015 17:17

I'm just wondering if Op is still at work... I suspect even if she's been home she's back there for the evening shift.

Gem124 · 04/01/2015 17:19

How did today go?

gincamparidryvermouth · 04/01/2015 17:33

How do you have an epidemic on the phone?

CaroleLJ · 04/01/2015 17:54

I'm HR qualified and used to work at a senior level in HR. I find the advice given by ACAS to be a bit hit and miss these days. It used to be superb and I'd check with them all the time; now it's call handlers reading from a script and some things I've been told are just wrong. So don't rely on them.

The fact is, small businesses get away with murder and it's rarely worthwhile fighting them on issues that don't matter in the long run. I assume the OP is "choosing' to work the hours and will probably have an opt out agreement in place. The contract thing is a red herring. Unless the OP can afford not to work, then calling in sick is not an option as it's unlikely sick pay will be contractual.Yes, they should have done a risk assessment but at this stage, the value of it is more in the threat. I agree you need specialist advice - there is a lot going on here.

I would suggest you book an appointment with a specialist employment lawyer and get your employment status clarified. Have it confirmed that you are a TUPEd employee and therefore have four years service. With the hours you are working, I can't see how you can be under the threshold for mat pay, unless you are being paid under minimum wage. The lawyer will help you write a letter to claim mat pay from the employer and will set out clearly the repercussions of not doing so, and I'd imagine there will also be some reference of the other issues. Once the employer has that, work completely to rule = no heavy lifting, no extra hours, stick to the implied job description (e.g. no personal cleaning/cooking!)

It may well be the employer is trying to bully you out of a job to get out of recognising responsibilities. Don't let that happen. Use your mat leave to find another job. There are better employers out there.

I can't see grounds for constructive dismissal as the job is still there and the OP is fulfilling it.

HermioneWeasley · 04/01/2015 18:01

Agree with Carole, it is time to see an employment lawyer. I also can't see how you could be under the threshold for mat pay given the hours you work.

I do think there may be a case for constructive dismissal (being treated so badly you are entitled to resign and say you were unfairly dismissed), but obviously discussing in detail with a specialist is the way to go. Make sure they are a specialist in employment law, not someone who does commercial or property law and reckons that th employment stuff is easy to do in the side.

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