I have already posted this in another section however it was the wrong one!
I’m just looking for advice really as I have no clue about employment laws etc.
I work in a nursery which is quite large in the area with around 6 nurseries in total.
I’ve been with them since November and whilst I get on well with my colleagues and love the children, the company itself isn’t great and they’ve been known to break a few employment laws I guess.
The owners are very money driven and this shows, for example ratios aren’t always followed properly in order to cut costs. There’s been times when I’ve been on my own with 5 babies when the ratio is 1-3.
I have set days and hours which are Mon-Thurs full time 7:30-6:00pm. This is due to the fact that I have another job on a Friday. I’ve always done these hours since I started working for the company. There are 3 floors in the nursery, Pre-school, nursery and the baby unit. I’m normally based in the baby unit, however normally in the morning the babies don’t arrive until around 8:00am therefor I go into the nursery room at the start of my shift until the babies arrive.
There is a new lady who has started on our team and wants to do the same hours as me (none of my business obviously) but due to this in the mornings she will now go into the nursery room with the children so now I go into the baby unit and do paperwork, set up the room, get breakfast ready etc until the babies arrive.
When I checked my timesheet the other day I noticed my manager had put 8:00am down for the start of my shift, when I queried this and explained I had actually started at 7:30 like I always do she replied with “well yes but there weren’t actually any children in your room”. I’ve since spoken to her and explained that if my hours are 7:30-6:00 and it saids so on the rota then it shouldn’t matter if there are children or not in my care I should be paid from 7:30 like I always have unless I’m late to work or something. I also mentioned the fact (and maybe I shouldn’t have) but that they shouldn’t of agreed to the new lady doing the same hours if that meant I would lose mine, after all I have done mine since November of last year.
My manager has now basically told me that if there are no children in my room that I will need to let her know or whoever is in charge what exactly I’m doing at 7:30 otherwise I won’t be paid until the babies have arrived in my room.
Am I right in thinking I shouldn’t have to justify why I’m working at 7:30 when that is the start of my shift and that they can’t expect me to come into work for 7:30 everyday if some days they aren’t actually going to pay me until 8:00 or whatever time suits them? My manager also said that if their are only children In one room then the other lady and I should share our hours and take it in turns at starting, for example one day I start at 7:30 and the other day she does however we both still have to be at work for 7:30 just incase. I know their just trying to have their cake and eat it too because they still want two staff on at 7:30 just incase children arrive both in the nursery room and baby unit at the same time.
They are basically asking me to be on call but I’m not being paid for it!! I feel anxious every day going into work because if I don’t have paperwork to do until the children arrive then I won’t be paid! The parents will have paid for a full day anyway so I’m unsure as to why it matters what time they arrive. I guess their just trying to save on a few quid?!
I know ex colleagues have taken them to tribunals before for the exact same reasons, however I’m unsure as to what has actually come out of it. Rumours have been circling that the directors have paid them off to not take it any further which is why I guess they still keep on doing it.
What are my rights here?? It’s pointless speaking to the managers because it’s the directors who ask them to do this so I do understand them being in a difficult position.