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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Being screwed at work over Christmas

26 replies

Summerisdone · 01/12/2016 23:18

I work in a pub restaurant which has been sold to another company and the change over is taking place next week.
We are currently paid weekly but will go to 4 weekly pay so I will get my last weekly pay on 9th then nothing for 3 1/2 weeks (new company's next payday). This is the fist issue I will have as I currently pay the nursery a week upfront but I'm going to have to start paying 4 weeks upfront, the company have been understanding and agreed to loan us 3 weeks worth of pay but this must be paid back within 3 paydays which will leave me short for the nursery the next 3 times as I literally earn just £2 more than what I pay to the nursery each week. I get tax credits too of course, but that only covers bills and leaves me £40 a week to buy shopping so I've no idea where I can get the money to catch up with myself.

On top of this we have also been informed that the pub will be shut for 4-6 weeks from 3rd January for refub and we won't be paid so will have to use up holidays (which I understand is standard) but our holidays renew in February so don't have 4 weeks worth of holidays left this late on in the year (I have 2 weeks) and obviously I'll have to keep DS in nursery the whole time as I can't afford to take him out and probably lose the place as it's quite a popular nursery due to it being the only one close by.

So AIBU to think that firstly this is something that was all started in August so surely both companies had plenty of time to realise that December and January are the worst possible months for most employees to have to deal with these financial changes. Also to think that a company that is telling us they are spending around £1 million on refurb could, as a good will gesture, offer to pay the 12 members of staff at least some of the time they will be out of work in January, baring in mind 3 are on less than minimum wage due to being under 25, 5 are on minimum wage and the rest are only slightly higher than min.

OP posts:
MadHattersWineParty · 01/12/2016 23:22

What? No Jesus this is horrid! What the fuck do they expect you to do?! Is it a big company- can you get in touch with head office at all?

Original poster
Summerisdone · 01/12/2016 23:28

It's not yet big nationally but growing and quite large throughout the region. I don't think there's a great deal we can do, it's HR and the area manager we've been dealing with and I've explained my situation but all they said was 'can you not speak to nursery and ask them to save DS's space if you take him out in January'. I explained that wouldn't be possible and she said she didn't really understand nurseries because her mother looked after her children when they were young... like that helps as advice Angry

OP posts:
MadHattersWineParty · 01/12/2016 23:31

Oh no that's awful Angry

If you sort of all got together and says they'd have no staff to return when they finished dicking about with the refurb- would that hold any weight at all?

Ugh Merry Christmad eh?

Lorelei76 · 01/12/2016 23:33

I wonder if you'd get advice if you ask MN to transfer it to the Employment Issues topic? I can only say to look at your contract. Awful way to treat people, I feel for you.

confuugled1 · 01/12/2016 23:42

Any way to shame them into taking better care of their staff using social media?

user1471950254 · 01/12/2016 23:52

If they are a chain can you work in another pub for that period? A poor barista told me a similar story when a coffee chain we're returning. They had to use holidays/be unpaid/work elsewhere

Original poster
Summerisdone · 01/12/2016 23:52

I've had my mum read through my contract and plainer everything to her tonight and she works in HR for one of the largest Global companies so knows all of my rights, but she they aren't doing anything they're not allowed to do as they have offered placement in another pub until then. My problem with that however is that the pub is only 30-40 minutes drive, but I don't drive so it would take 2 buses of which both come hourly and don't time up well, and public transport near me is extremely unreliable (so would run huge risk of being late to work and late to pick up DS) which is why I have to work where I do in the first place because the pub and nursery are all walking distance.

OP posts:
Lynnm63 · 01/12/2016 23:55

Any chance you could find another job now? I mean you're being laid off January and February anyway. I realise that may be impossible but equally your colleagues may well be looking around for new jobs so getting in first might secure you one now.

Lynnm63 · 01/12/2016 23:58

Saw your post above. Could a couple of you travel together to the other pub? I know I'm probably spoiled as I worked in the Civil Service with travel expenses paid and such like but would they offer some assistance with travel as a goodwill gesture to not lose dedicated staff? Worst they could say is no.

Original poster
Summerisdone · 01/12/2016 23:58

MadHatter the rest of the staff are a bit put out but they've all said whilst it will make things a little tight they either live with parents and a couples with partners on better wages so can just about get by, so some are looking forward to the time off work. Unfortunately I'm the only one with a child and I'm on my own so I have to rely on just my money coming in.

User tbh I wouldn't dare take to social media to shame them as I wouldn't want my new employer to already be thinking so badly of me

OP posts:
Lorelei76 · 02/12/2016 00:02

The Civil Service pay travel expenses?

Op yes try that but also see if there's any lift share schemes where you pay petrol.

Does anything in your contract mean you can't take other work, I'm just thinking of any temp stuff that might be available locally...

Lynnm63 · 02/12/2016 00:06

lorelei They did if they moved you to a different office. I did very well when they moved me to an office closer to home and I then got travel expenses too, eventually they transferred me permanently and stopped paying travel expenses.

Original poster
Summerisdone · 02/12/2016 00:07

Lynnm my plan is to speak to everyone in work and see if anyone is up for that, but tbh speaking to a couple today it sounds like most are preferring the idea of a tight January and enjoying the month off because they don't have the same financial responsibilities as I do.
If I'm being honest I could probably just about get by if it wasn't the childcare so I get why they're not as worried as me.

OP posts:
Lynnm63 · 02/12/2016 00:14

I know nothing about nurseries as mine only went for their free hours so please excuse any well meaning ignorance. Could you approach the nursery, explain all of this to them and ask if there's anything they can do to help you through January and February. I assume you've used them for a while, they know you're going to keep using them. They may tell you to bog off but even so you'd be in no worst position than now. They might be prepared to reduce the hours your child needs to attend and keep the place open.

Lucked · 02/12/2016 00:14

Could your parents look after your DS for a couple of weekends and you could work some long days which may get be enough to tide you over.

Original poster
Summerisdone · 02/12/2016 00:22

I am going to speak to the nursery in the morning as I don't want to rule any chance out but I'm not holding my breath, it took almost 3 months before they were able to give me 4 days rather than 3 as they are very popular, so my worry would be that if I did take DS out they won't be able to guarantee the days when I put him back in and I end up with another problem of having to work less hours.
I have just had a message from the local shop owner who has become a friend though, he said he can't make any promises but if he can offer me a few hours here or there then he will so that's a bit of good news Smile

OP posts:
Lorelei76 · 02/12/2016 00:29

Well that's good
You know January is notorious for people jacking in their jobs so really worth asking around for temp work
I hope you get what you need Flowers

TinklyLittleLaugh · 02/12/2016 00:31

Could you try a bar agency to earn a bit more cash to tide you over. My DD works lots of one off events, especially at Christmas. Sometimes they even lay on transport.

MovingOnUpMovingOnOut · 02/12/2016 00:40

Have you been TUPE'd? The change to monthly pay shouldn't make a huge difference if you budget (although I know that will be really hard) but changing your place of work even temporality might breach your contractual terms.

  1. Do you have a mobility clause in your contract?
  1. What is your usual place of work as detailed in your contract? Is it the actual pub you work at currently or the chain or pubs within the change within an area?

If the answer to the first is no and the second the pub you may be able to argue a case with them.

Your childcare arrangements and financial obligations are fairly irrelevant to your employment but your contract of employment is extremely relevant. Essentially that states you do X work in Y way for Z pay. Your new employers are wanting to change the terms of Y and Z which they cannot do unless your current contract permits.

How many hours a week are you contracted for? And how long have you worked there? Apologies if you have said, I'm on my phone and scrolling up and down and writing a post is tricky.

MaverickSnoopy · 02/12/2016 03:13

I was also wondered if you're being TUPED?

How long have you worked there for?After the first year of employment you do need to accrue annual leave before you take it. However often companies operate an accrual system nonetheless. I'm sure they do this thinking that people do not know. My husbands ex employer (also a pub) told him he was wrong about this but we checked with acas and it is correct. They can of course decline annual leave, but not for the reason that you have not accrued it. Given that the pub will be closed it's an ideal time to take annual leave so they'd struggle to find a business reason to decline.

MaverickSnoopy · 02/12/2016 03:15

m.acas.org.uk/index.aspx?articleid=4583

Here's the link with reference to this rule. I'm on my phone and it wouldn't link in my last post.

TipperarygirlinLondon · 02/12/2016 07:15

Are you in a union? ACAS are a national organisation that could advise on whether they are acting correctly. It sounds very unfair and the notice period sounds unreasonably short. HR will advise you from the company's perspective. ...you need objective and unbiased advice.

Original poster
Summerisdone · 02/12/2016 10:49

I've just spoken to my manager and he said new company will have to pay a taxi for me to get to and from another pub so that should be ok for me to work some place else for a few weeks. I have just found out though that the loan they are offering us won't actually come through until the 23rd December so I will still have only one weeks wage to get me through 2 weeks but I'm sure I can borrow a weeks nursery from my nana if it's only for a week... I'm feeling much more optimistic today than I did last night at least

OP posts:
Original poster
Summerisdone · 02/12/2016 10:51

Also, thanks for all of the advice. I will definitely be looking into everything suggested just so I have a much clearer understanding of where I stand with employment. So even if I don't end up needing it this time around, at least I'll always be knowledgable for future reference

OP posts:
YelloDraw · 02/12/2016 11:11

I've just spoken to my manager and he said new company will have to pay a taxi for me to get to and from another pub so that should be ok for me to work some place else for a few weeks.

Hooray! Good news OP.