Was I in the wrong regarding overtime situation? Don't like what the staff tried to do

[Donthaveagoodusername]

I'm employed by an agency and currently on a long term placement at a nursery. My shifts are 8-5, or 9-6, but usually 8-5.

According to staff here, pretty much nobody leaves on time as it has to be based on staffing numbers for children, I get it but it's not fair on the staff. People are on the rota to finish at 4 but end up staying until 6:30 a lot of the time, and they are paid £8.91 an hour. I don't really know why they put up with it but it's easy for me to say.

I don't mind doing it on the very odd occasion if staff go home sick or whatever but I'm not prepared to do it on a regular basis. 10 minutes is one thing, not 2 hours.

The other night I stayed an extra 30 minutes for them. I also have another part time evening job which I have to get to and that night I did.

So today I was on 8-5 and I told them this at 8am (the nursery staff in my room). So they knew the staffing situation from 8am.

They must have been talking about me as one of them asked 'so what's your other job?' even though she wasn't there when I had told them about it.

Today about 2pm one girl said (yes I call them girls as some are 17-19 years old) 'Oh btw do you have to get to your 2nd job tonight?' I said no how come, do you need me to stay later? And she said 'no no just wondered'. Hmmm.

Anyway I'd heard one was on until 6:30, the other 2 until 4:30 but the 17 year old cannot stay late due to being underage.

So the other girl makes comments like 'ooh well I'm supposed to go at 4:30 but I might have to stay until 6'.

Nobody at any point has asked me to stay later. Then it gets to 4:25 and the girl says 'oh we only have 8 kids so I can go now, have a great weekend guys!' I realize it would just be 2 of us until 6:30 even though I'm meant to be on until 5.

So I say 'sorry but I cannot stay past 5, I haven't been asked and it's too short notice, I have got plans'.
Then the girl says it's fine, yet I see her and the other one give each other that pissed off sort of glance.

So I figured they were just planning to let me stay 1h30 extra without even asking or telling me at all. Just assuming I will do it probably as I'm agency and I'm quiet. I'm not putting a stranger first, especially one who does that to me. I don't force her to do overtime.
I think I was assertive and hopefully did the right thing? If someone had asked me earlier on and been honest that's different, but they said nothing.

Yes, call in the manager and then leave.

Also at lunch time take an hours lunch and say thats what the agency says.

I have worked in some bad nurserys during my agency time but you have the power to speak up and say thats not what I signed up for. You are not permanent staff.

The nursery I'm at now is amazing and sometimes other agency workers will cover annual leave and we get to chatting sharing war stories. Most of them have had a time where on their lunch break they phoned the agency and said I'm not coming back tomorrow the place is unsafe or you can even say its too far to travel etc.

Your agency sounds bad aswell. I get paid what I'm told I'm getting paid. Plus I accrue annual leave money which I can use whenever. I have met people who have been agency workers 10-15 years because they love the flexibility and the job.

Check out Marylebone services if you live in London.

It's not related to the thread but I'm still owed £75 for a day's work I did over a month ago. I've chased it up with the agent who deals with my work and she's said she's looked into it, I should be getting it this week etc and still nothing, now she's not replying to my texts. It's a lot of money

No workplace is perfect but I think I'm just getting down and miserable about what seems to be consistently poor work conditions in most jobs I've had. Maybe I'm expecting too much, but I just want something where I'm paid correctly and appropriately, not taken advantage of, not dealing with rude people. Does such a thing exist?

@MrsTophamHat

My Dh was in a situation like this. He was the single supervisor of a care home that was chronically understaffed and the senior management wouldn't recruit. There were weeks he literally lived there, only coming home to shower and change, because he couldn't let it go under ratios or it would be on his head. Thankfully he was able to be a on site sleeping on-call so there was a staff bed. He also was salaried so all he could claim was TOIL which was laughable since he barely got his basic days off.

The relief when he left was immense but he missed a lot of our son's first year because of it.

This is terrible,while I have sympathy that the care home likely couldn't recruit due to a shortage of care staff, I can't believe they wouldn't pay your husband overtime, or not fill the beds if they can't recruit the staff. Surely it's illegal to not pay overtime, if it takes him to below minimum wage?

OP that sounds shit if you are asked specifically to work until 5. I wouldn't then expect OT.

When I worked at a nursery we didn't have times, it was early, middle and late. It all depending on how many kids were left. So if you were a middle, you might get lucky if all the parents come sooner you might finish at 5, if not, you might be there til 6 like the late person anyway.

There is a lot of misinformation on this thread. Whoever said 60 min lunch is wrong, as is the person who talked about nhs 12 hours shifts and breaks in the morning and afternoon.

The OP doesn't work in the NHS, so that is irrelevant.
Legal minimum is 20 min break if your shift is over 6 hours. It's good practice to give more, but not required.

As for the OP, there must be someone I charge at all times, even if the manager is jot in. It is thier responsibility to sort ths. Just call them at 445 and tell them how many children are left and that you are leaving in 15 mins.
It's thier job to sort it, not the room staff's.

Tell the agency you don't want to go back there, you will be given loads of other work, especially if you can be flexible on location and short notice.

As a nursery manager I used to find it easy to call a supply agency at 7 am if someone had called in sick and get staff in by 8am. Now it's impossible as all staff are booked out weeks in advance.

What area of the country do you live in? I'm sure people on here can recommend good agencies

@Whichcatthatcat
Any nhs 12 hr shift I worked that ran over lunch and dinner ie 8am-8pm we had lunch and dinner breaks. If I do 8 to 5 and don't get morning break I take a longer lunch. We're not super human enough to go with out food.

@Zombiemum1946 I'm not doubting that for a second.
I'm just saying it's irrelevant to the OP situation because she doesn't work in the NHS, that is not in her contract, and she is not working 12 hour shifts.

I realise op is not nhs but my point was that she has to have sufficient breaks over a 10.5 hr shift, especially running around after young kids. She will physically be running low on fuel. It's unsafe, and damaging to health.

@goawaystormy

Stop blaming other people who are equally victims of a shit employer. The only people trying anything on are management!

yet you are blaming the OP who is only employed for a set amount of hours against the full time staff that will have not only contracted hours but clauses in them to stay later.

Gonna answer about All your jobs op?

Please make it clear to them that you can not ever do beyond your 8-5, you have other commitments that you do not need to tell them of. If they are struggling this bad that they need staff staying over than what's expected them they need to hire more staff.

I certainly wouldn't put up this, I have kids and defo couldn't even if I wanted to. They are taking full advantage of you. Speak to your agency and get this straight too.

The fact you don't even know if it's paid or not is really concerning as to what type of person is managing that place.

@Donthaveagoodusername

What is your tax code? As it sounds like your tax-free allowance isn't being taken into account. It should be 1257. If it's got W1, M1 or X at the end then it's an emergency code and you're being taxed too high.

You are being unfair in how you describe your colleagues. The girl who wanted to leave at 4.30 was equally entitled to as you were to leave at 5, and by refusing you were in effect making her stay an extra 2 hours if I've understood correctly? She's in the exact same situation as you and while she shouldn't give you looks etc I can see why she'd be pissed off.

She wasn't forced to stay in my eyes, she could have told the manager she has to go

10.5 shift should be 15-20 min morning break, 45 min lunch break, 15-20 min afternoon break

Sadly, as nice as this would be, it's not realistic at all and way over what companies have to give you.

I used to work for a really shitty hospitality chain. Shifts were given in increments of half an hour and all breaks were unpaid. If you worked under 6 hours you got no break. 6.5 - 11.5 hours you got half an hour, and if you worked 12 hours you got 1 hour (which you could take in one go or as 2 half an hours. And this was hospitality so hot, running about and on your feet all day. It was a pretty shitty place to work.

I'm not saying it's right but it's legal. And if you went into a 10.5 hour shift at most places and demanded an hour-1.5 hours worth of breaks you'd be looked at like you have 2 heads and laughed out of there.

@Donthaveagoodusername

She wasn't forced to stay in my eyes, she could have told the manager she has to go

Exactly the same as you could've! The two of you were literally in the same situation. No ones manipulative, or trying it on (except shitty management).

This young girl (as you describe her) just wanted to go home at the end of her shift and you're making her out to be some cunning evil mastermind for it

Nobody has made anyone out to be some cunning mastermind, just pointing out that I was never asked if I could stay, I asked her and the other one if they needed me to stay and they said no

@Donthaveagoodusername

After receiving my first pay.. I'm on £11.50 an hour, 36 hours over 4 days with a 30 minute unpaid break each shift. I came out with £258 net for 34 hours of work on £11.50 an hour, being massively ripped off aren't I ?

It depends on a few things. Is that YOUR hourly pay or what the nursery is paying the agency for you? Because what the agency pay for you will be significantly higher than your pay. Also depends on your tax code and how much you have earned in the tax year so far.

If you are on a rate of 11.50 an hour then the only things that come off that are tax and ni. Assuming your other job does impact you should have seen £336.34 for that 34hr week.
However if it is taxed as a second job you would have received £287.96. So yes even on that basis you are £32 down. I'd check your contract re agency fees (when I worked agency they gave me a rate - and charge the employer a higher rate which I wasn't always are of but never deducted fees from me on top - but things may have changed?) and your payslip - If it is taxed as a second job your tax code will be BR. Your payslip should state x hours at £x amount per hour. And any deductions must be listed (yes a legal requirement!)
Do you have student loan to account for? Not sure of the thresholds on this now.