Being asked to come in unpaid before shifts

[TranquilityofSolitude]

DD's boyfriend (19) works for a well-known chain of coffee shops. He has a zero hours contract but typically works 30 - 40 hours each week.

Recently they have appointed someone new in management and when this person is shift supervisor, they will occasionally ask him to come in early in case he is needed. For example, if he is supposed to work from 9 - 4, they will sometimes ask him to come in at 8 and sit in the back in case they need an extra pair of hands. He is not paid for this time unless he is needed, in which case he clocks on and begins work from this point.

Instinctively, I feel this is not fair. They are a big, profitable employer and it seems to me that the risk of paying someone for an extra half hour is a risk they can comfortably manage. He, on the other hand, has to rearrange his hours, possibly for nothing.

Does anyone have any idea where he stands legally in this situation?

If they require him at work they should be paying him. I'm sure Sports Direct or something had a case like this in the past few years.

That is disgraceful OP. I would contact ACAS.

m.acas.org.uk/index.aspx?articleid=2042

This is not ok. I second the advice to contact Acas. They were excellent when years ago as a teen my employer (don’t mind naming and shaming them, New Look) insisted we arrived 15 mins before our shift and that we couldn’t leave until the shop was immaculate, regardless of when our paid hours stopped.

Thank you, I'll look into ACAS and what happened at Sports Direct.

Sports direct ran into trouble because requiring staff to be there for unpaid time brought them to the point of paying less than minimum wage. Cost them 10 million.

If he makes a fuss it's possible that they will terminate his zero hours contract. Another option would be to speak to keep careful records of when he actually arrives (plus evidence, e.g. bus tickets) and then claim for the unpaid hours when he finishes the job. That way he'll be able to sit quietly doing his own thing for an hour each day, keep his boss happy, and end up with a lump sum when he finishes.

I have contacted acas many years ago about my work wanting me to start before my time in order to set up etc. The only time you need to be in work is the length of time it takes you to take your jacket/bag off etc. Nothing else. If they want you in earlier they need to pay you.
Can he just say no, he’s got something else on and can only start at his official start time .

Thank you for all your responses.

Initially I think he was reluctant to refuse without knowing where he stands from a legal perspective. However, he's quite likely to say nothing simply because he needs the hours and the job and there's no shortage of others willing to take his place.

I don't think the minimum wage issue is a factor here because he is 19 and is paid at the minimum wage rate for a 25 year old. If they are knowingly choosing to ask him rather than other (older) staff they are cleverer than I thought!

I was wondering if it was worth contacting the head office of the chain, as I suspect they don't know this is happening. DD works in another branch of the same chain during her uni holidays and has never seen this practice there.

That’s a shame he is reluctantly to say anything, I suspected that’s how they manage to get away with it.

I'm willing to bet this is a manager who doesn't know the law and head office don't have a clue what's going on.