To think my employer isn’t allowed to do this? (Expecting staff to be on call but not paying them)

[Nurserytroubles9]

I’ll try and explain as best I can.

I work in a private day nursery and have done for the last two years. Due to a lot of our parents being key workers, we are operating as normal so to speak and still have a lot of children attending. The owners are always coming up with ways to try and save money, the newest being expecting staff to be on call but not paying them.

For example: I will be put down on the rota to start work at 8am. When I arrive, if there aren’t many children in the building yet they will send me up to the staff room with a phone and they will ring me to come down when more children have turned up. This could be 30 minutes later, 1 hour later but I will only be paid from the time I’ve been called down and started looking after the children. They do this with every staff member. The parents have paid a set rate for the day (we’re open from 7am-6:30pm) but might not bring their child in until say, 9am, so the nursery haven’t lost any money as the parents have already paid for the session. Does that make sense? Due to child/staff ratios the nursery have to make sure there are enough staff members in so the rota is set up to make sure a staff member starts every 30 minutes after the other.

I know times are hard for everyone, especially businesses but AIBU to expect to be paid from the time I come into work (the time they put me down to start on the rota)? We are only paid minimum wage and I think it’s an awful way to try and make a quick buck.

Absolutely disgusting.

I would think it is wrong and that it probably breaks Minimum Wage legislation.

Official advice is:
If you are not able to resolve the issue with your employer and feel you need to take things further, you can speak to an Acas helpline adviser who will explain possible next steps and the risks and benefits of each.
Acas helpline:
Telephone: 0300 123 1100
Monday to Friday, 8am to 6pm

[quote Nurserytroubles9]@insancerre I have done cleaning, planning a few times to pass the time but those things don't always need doing unfortunately. It's difficult because we don't have access to the rota as we're given a copy so the manager/owner will change it if we've started later than our original start time.

I am in North Wales [/quote]
If you are not being paid you should be doing nothing in that time.

Again, if you are contracted 40 hours and have no clauses around flexible working then they legal have to pay you. It is breach of contract otherwise.

2 things:
You are not on call because you are actually at work. So should be paid.

When you are on call, you should be able to do this from home. And be paid accordingly. On call/standby is often at a much lower rate. When I am on call, I get paid £15 for a whole 12 hours on call from home.

@Nearlytherenext

2 things: You are not on call because you are actually at work. So should be paid.

When you are on call, you should be able to do this from home. And be paid accordingly. On call/standby is often at a much lower rate. When I am on call, I get paid £15 for a whole 12 hours on call from home.

Absolutely, it is effectively and inconvenience payment as you need to be contactable and be able to get to work in a certain time I presume.

If you are contracted for 40hrs you get paid for those hours. No amendments!

If you are required to be on site and available for work, you definitely should be paid for this time.

It isn't a zero hours contract. I'm contracted to work 40hrs per week.

Then they owe you 40 hours pay, providing you make yourself available for the contracted hours.

If they ask you to come in for 8, they have to pay you from 8! This is ridiculous. I thought it meant you were on call and waiting at home (which is also not really allowed). Are you on a contract? Are you a member of a union? If not, join. What do colleagues say. Perhaps you could complain collectively but you MUST take it up with them or a union.

Bad choice of words re "on call" . I see what you all mean now.

I'm back in on Monday so I think I will try and tackle this issue with work first and ask for a meeting with my manager. If I don't get anywhere with her then I'll phone Acas and see what they advise, thank you for the phone number @jcyclops

At least I know I'm not being unreasonable!

You should have a contract which states your weekly hours. If they are not providing you with that number of hours work every week then they are in breach of that contract. Give ACAS a call.
Good luck

Take a photo of the rota
Turn up at the start time
Work your shift
Go home
Repeat

@insancerre that's exactly what I try and do but I don't have access to the original rota (we're given copies) so the manager/owner will change it if we've started later than our original start time and that's what we'll be paid for.

So what happens when parents are late, do you get paid less than your 40hours? Does your wage vary from month to month?
And agree with what everyone else has said, although i do think it's closer to on call (unpaid) than any other description as you essentially don't know what your start time will be.

I'd honestly call ACAS first, go into the meeting armed with information

Sorry I think I x posted with you answering

In addition to all the other comments, your employer should be giving you a copy of the rota. If they are altering the rota to match the times you are actually in the room with the children, then I think they are on shaky ground.

As pp mentioned, take photos of before and after of the rota if you can.

They should be paying you for the time you are at work.

If you are "on call", perhaps to cover for staff shortages, it should be in your contract with agreed compensation for being on call and/or when called in.

Sitting on the premise upstairs is not "on call" you are at work. They are seriously taking the piss.

I fully understand nurseries are under a lot of pressure, I am a nursery manager. I also know that staff morale is really low at the moment and recruitment is impossible, so nurseries really need to be looking after their staff not treating them badly
I hope you get sorted

Time spent on call does not necessarily need to be paid. But this arrangement is not being on call, you are present at your place of work and you are entitled to be paid. Your employer is totally breaking the law.

You definitely need to be in a Union (for your whole working life) so sort that ASAP, but they won’t be able to represent you in any issues that started prior to membership, so ACAS needs to be your first point of call.

More to the point of all this, you’re contracted to 40 hours a week, it isn’t your fault that they don’t have enough work for you all, you should still expect to be paid for your 40 hours or offered to take some time as unpaid leave if you agree to it.

This on call situation it’s just a piss take. You should be free to entertain yourself wherever you like during your on call, provided you’re available to attend work with in an agreed period of time and in a fit state to work. Most places either pay in full of at least half time to be on call.

“Or”

Is they not something they could have you doing during that time to facilitate paying you, if they feel they need you on site? Maybe some cleaning of an unused area or taking inventory of something, updating records? Developing activities to do with the children? Updating your mandatory training? Or completing a qualification? Or something along those lines?

If they want you on the premises they need to pay for your time.

This. Even they wanted you on call from home, they have to pay you.

LEAVE!!!!! I'd be fucking angry if my child's nursery was treating its staff this way.
I thought you were going to say you were at home waiting to be called. When I am key holder at my shop I don't get paid for the hours I'm on call but I do get paid if I have to go in (they pay me a minimum of 4 hours even if I'm only there for half an hour).

You're better than this shit.