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I think my sister is being taken advantage of in her work. Any suggestions? (BIT LONG)

10 replies

InWithTheITCrowd · 29/10/2011 11:45

Hi all. I am posting here as I have a few concerns about my sister's job.

She is 23, a recent graduate, and, in July, was offered a part-time position at a major international hotel firm, as a receptionist. There was a full time role as well, but she didn't get offered it,(although this was the one she applied for) and 3 months on the ft job is still vacant

She is employed on a 16-hour a week contract, but has never worked less than a 40-hour a week. All the additional time is paid at flat-rate, at minimum wage.
On her first week she was asked if she was happy to do any overtime. She said "yes" and they have made it a condition of her contract that she has an obligation to take what is offered to her on a weekly basis - ie, even though they are not part of her core 16 hours contracted, she either has to say "yes" to all of the additional hours, or just do her basic 16.

She does the extra shifts because she needs the money, but I think they are acting immorally, because aside from the additional hours' pay, she gets very little benefit from the employers.

These are the issues I have:

She does not have set hours each week - so the 16 hours basic contract is flexible and she only gets told her shifts for the upcoming seven days every Friday. If she is not at work on that Friday, then she has to ring in to find out. This makes planning for anything outside of work virtually impossible.

Holiday/sick pay (and future maternity pay?) is calculated on her 16 hour a week contract, despite her regularly working a 40-hour week. I thought I read somewhere, that after a certain amount of time doing this, it actually evolves into part of the contract? I may be wrong about that...

She has worked every single weekend since starting, even though she was told at interview that it would be on a rolling rota with the other staff

Because she doesn't have set hours, then if she has ANY plans at all (night out, cinema, party etc) she has to book annual leave well in advance, just in case it happens to fall on a day that she is rostered on to work. There is no differentiation made in the rosta to her core 16 hours, and the additional hours. so technically if she wanted a Saturday off, they could say "no, that's your 16 hours basic" the day before.

There are three shifts in a day -7am-4pm, 11am-8pm and 2pm-11pm. Until the Friday, she has no idea what she will be working each week, so literally can't make any plans

This weekend she did the mid-shift on Friday, lates today (so until 11pm) and then earlies tomorrow (7am start) - she lives 45 minutes away, so doesn't get home until almost midnight, and then has to be up at 5:30 to do the early shift the following morning. This has happened for the last 4 weekends, and sometimes happens midweek too - she has asked them 3 times not to follow a late shift with an early, and they have just totally ignored her requests.

She does need this job, but I think she's being taken for a ride, and I don't know what to suggest to her to do. The fact that she wanted the full-time position, didn't get it, is working full-time hours (for part-time conditions) and that job is still being advertised, makes me think that they are being unscrupulous, but within the law?

I just think they're taking advantage, because she could technically just do the 16 hour week every week, but even that wouldn't be given to her until the Friday, and also, of course, she would only be paid 16 hours, and they know she needs the money.

Sorry this is SO SO long, but I would really appreciate any advice on her behalf.

Thanks so much

OP posts:
StillSquiffy · 29/10/2011 13:16

It sucks, but loads and loads of companies do this these days and it is all lawful. That's why you only ever see young people serving you in chain stores and hotels - once you've got experience under your belt you up and leave.

Zero hours contracts are a neat way that companies can avoid lots of extra costs. I suspect also that even if she did 40 hours a week for the next two years she would find it difficult to argue that an effective contract for full time exists, simply because she has the right to say yes or no to those hours each week. But I may be wrong on that.

RoseC · 29/10/2011 13:33

I used to work on a hotel reception, which in the summer had late opening (conferences), and I think there has to be a minimum of eleven hours between shifts/in one 24 hour period.

It is explained reasonably clearly here on the DirectGov website.

Graciescotland · 29/10/2011 13:38

It does suck but I think the hotel/catering industry has a high turnover for a reason.

Is there really no benefits though? Most hotels I've worked for let you book cheap rooms at sister hotels/ stay over on a staffer rate c £15 handy when your doing a late/ early shift. It might be worth asking especially if she's built up some goodwill by covering without complaint.

RoseC · 29/10/2011 13:41

Done a little bit of browsing.

If you are forced to work overtime (like your DSis) then holiday entitlement must include overtime hours in the calculations.

LoveBeingAWitch · 29/10/2011 13:44

I believe but might be wrong, regardless of your contracted hours you get holiday for the additional hours worked. Hopefully flowery/Kate et al will be along soon to confirm for you.

Re the shifts/hours I don't think there is anything that can be done apart from if she believes someone is bullying her ie giving her the crap on purpose she could raise a grievance. What does she actually want?

InWithTheITCrowd · 29/10/2011 14:08

Some brilliantly useful information. Thanks all. I didn't think they were acting unlawfully, but it just seems...sort of, wrong.
She gets 50% off rooms in hotels belonging to the group...but it's a high-price hotel, so even the discounted prices are out of her range. She asked about staying over, but the hotel have no rooms for staff.

She just wants her 16 hours to be set each week, so she knows when to book hols. For example, she's in an am-dram show in december and has had to book 2 nights off work as annual leave, but she might not be working them anyway iyswim? So it's a waste of her hols if that was the case.
she's really flexible and happy to do any/all shifts, but these early mornings following a late shift are starting to really get to her.
Her supervisor said that the hospitality industry don't need to have a set gap between shifts, but i think i would dispute that.
She just would prefer to know her shifts a bit more in advance - maybe on a 2-week rolling rota, and would be quite happy to be flexible/swap shifts if any problems arose.
i think she'll just keep looking for other jobs and leave. They do have a high turnover of staff.

But thanks so much for the links- i'll have a good browse through.

OP posts:
KatieMortician · 29/10/2011 19:13

Well I think she should look for another job. It sounds miserable there.

I do have some questions before I can give more advice:

  1. Has she opted out of the Working Time Regulations?
  2. Is there a collective bargaining arrangement with any Union?
  3. What are the actual terms of her contract regarding overtime? ie what would happen if you refused overtime?
InWithTheITCrowd · 29/10/2011 22:24

She is looking for another job, Katie...she's not v happy.
I'll put your questions to her. I know that she's not with a Union, but I'll ask her about the other 2.

To be honest, it's a low-paid job with not many perks, so I think if she gets offered something else, then she would jump ship immediately, which is a shame, as she enjoys the actual job,just not the conditions and the peripherals.
Thanks again.

OP posts:
KatieMortician · 30/10/2011 13:35

The collective bargaining question is still relevant even if she's not in the Union because if there is such an arrangement in place they may have negotiated a change to the working time requirements which she will still be subject to.

InWithTheITCrowd · 30/10/2011 22:04

I've fired the questions to her, so am waiting for her reply

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