Work related question with a bike twist.

[superstacker]

Ok guys,

My younger brother, 17, works for Maplins in Basildon, Essex.

He is contracted to work a 20 hour week, but puts in about 40 hours a week. He's a floor level technical advisor.

He was informed on christmas eve, that he would have to stay in work after four when the shop shut, until 7. But would not be paid for the extra hours because "everyone was doing it" Nor would he recieve time off in lieu.

So at four o clock, he told them to let him out the store, they had locked up as they were renewing a promotion or something like that.

The store managers refused, until he told them he would phone the police if they didnt let him out.

The 20 year old part time manager then informed him, that if he left the store "He would go outside and smash up his motorbike"

Upon leaving the shop my brother was asked "Shall we take this as your resignation then?" My brother was polite and said he wasnt working unpaid overtime, and any notice he intended to give would be done in writing.

Apparently he has to go in on Thursday for a disciplinary, but my knowledge of civilian working practises and unions are sketchy at best, as im in the military. However i have looked over his contract and nothing states he can work unpaid overtime?

Wondering on the best course of action, particularly with confronting this snotty nosed prick who threatens my brothers bike with criminal damage?

Ive told him to phone head office tommorrow but thats all i can think of really...

any help appreciated.

[divuk83]

Completely illegal. Can't force people to work unpaid overtime if its not in there contract. I'm guessing contract says "you will be paid X pounds per hour" so they can't not pay him for being there. Refusing to let someone out would also be illegal, can't stop someone from walking out, particularly when they have finished (ie their paid shift is over). The threat to smash his bike up is even more illegal. There is no way they can give you a disciplinary for that. Speak to CAB and to Maplin head office HR. The person who should be on a disciplinary is the manager.

Dave

[Itchy]

What a bunch of fuckwits .

go over the contract with a fine tooth comb,

He was informed on christmas eve, that he would have to stay in work after four when the shop shut, until 7.
But would not be paid for the extra hours because "everyone was doing it" Nor would he recieve time off in lieu.


This is GOLD , really gold , the manager handed his balls to you on a plate , lets put on some big shoes and go
stomp on them


option 1

Do the hours , walk into the CAB , and tell the advisor you are not being paid min wage , something along the lines of
"I did er 9am-7pm (10 hours) and was paid er £5.35*7=£37.45 , I'm being underpaid min wage, it is illegal to be paid
under min wage vs hours nor is it reasonable based on the man in the street test (they ask an average guy in the
street is is reasonable to work for free for 3 hours and not be compensated for it in any tangible way).

The government will investigate and may find them guilty and ENFORCE the company to repay ALL the underpayments = costs the
company £100,000s , this is probably the only facet of the government I approve of, councils and other government bodies
are not immune to these either ,

A council nearby had to pay back 6 years worth of underpayments, hence if "EVERYONE IS DOING IT", everybody gets
their payback.The government enforce this because it is in their interest , ie they get to take tax off it if millions of underpayment
of wages is due , the government get 33% of these millions.




Point 2

Issuing a threat = crime , the woman who threatened to shoot those chavs went to prison , though that was a death
threat this was a threat of criminal damage which isn't even a crime these days since cops are too busy.

This also gives you power in point 1 as he was using duress to force you to do something =unenforcable contract!.


Back to the real world.....

Tell him to look for another job its not somewhere he wants to work since whatever the outcome on Thurs it will be
awkard to work there , and jobs are a plenty , making a complaint as in point 1 to a government agency if you wish
or just to walk away and forget about it,

As Siggi would say most people will quit and do nothing , which is why UK workers are treated with such contempt,
but when its your career and such complaints can ruin all of your future work prospects (insert insulting language
as appropriate).. I used to get asked to take deliveries @ 3AM I left rather soon after after being unpaid for these
extra hours.




My contract and employment law is a bit old though soooo , you may want to take that with a large pinch of salt!.
____________________
Spain 2008France 2007Big one 2009 We all die. The goal isn't to live forever, the goal is to create something that will. In the end, your life will flash before your eyes. Make sure it is worth watching.

[bazza]

Tell him to write it all down and take his notes with him. Tell him to also take along a witness to his disciplinary - not someone who works for Maplins though.

And contact the CAB for proper advice before Thursday.
____________________
"That's it. You people have stood in my way long enough. I'm going to clown college."
'98 Ducati 750SS, '08 Suzuki GSX650F ©2004-2014, Bazza's Harmless Banter

[st3v3]

wot a set of bastids, take them down!

yeah, would of thought trying to enforce unpaid hours when not in contract, would be legally wrong, report the bike thing to police, and book somemore job interviews, elsewhere, would not be comfortable workin there after such a comotion....
____________________
Roger wrote: Women don't get damp for clingy puppies. Get some better happy pills, hit the gym & buy a medallion the size of a dinner plate. Job done

[numark1]

Sounds like that guy was on a power trip. Most store managers are like that. I used to work in the warehouse for comet a few years ago over christmas. The manager wasn't that old. He used to tell me to walk faster so i could get more work done.

Bunch of cunts.

[Pte1643]

[TomR6]

[bazza]

[h00dwink]

that store manager sounds like a prick. the idea of this happening is raging me
i would have probably done the same as your bro.
he should have some fun at the disciplinary tbh. though if the disciplinary goes tits up, get him to go to CAB and get his free 30 minutes with a solicitor.
____________________
Sahf East Winnah 4LYF
https://bikepics.com/members/h00dwink/00sv650s/
www.youtube.com/h00dwink updated regularly

[Pte1643]

[bazza]

[Trip]

How did his meeting go then?
____________________
Bike: Yamaha XJ600N Mileage: 28500 Miles Rider Mileage: Many Miles
CBT: PASSED Theory: PASSED Test: PASSED
Past-CG125 Present - Yamaha XJ600N Future - WHO KNOWS?

[superstacker]

Ok the meeting:

Brother phoned me today and after some advice it went like this.

Brothers boss starts on him when he comes in "What are you doing in at 9:37?, the disciplinary isnt until 10:00"

Well you didnt tell me what time to start, and as its a disiplinary then i want representation.

"Yeah ok then, who do you want"

I request representation by either a union official or a member of HR staff.

So he waits in the canteen until 10:05......

"Ok, we're ready for you" Is my union rep here? "Erm no its not actually a disciplinary now, just an informal chat"

Basically they told him he was jack for leaving work early, and that nobody liked him in the store and that he would find it difficult to work there blah blah. They then pulled out a copy of the workers handbook which stated something to the effect of:

You can be asked to work after the shop has closed or before it opens.

"Well it says you can ASK me to work, not YOU MUST WORK UNPAID"

end result he is being dropped to 20 hours according to his contract.....however i cant help but think its more expensive to hire someone else for the other 20 hours he was doing so chances are he could get those hours back.....he is looking for another job and they basically fobbed him off about the threats to his property. He can deal with it himself apparently.

[Nath]

Should have made a formal complaint about the managers who refused to let him leave and threatened his bike. If anyone else there was willing to be a witness then he could have got the guys in question shafted.
____________________
Hard livin', hard luck.

[st3v3]

i would be complaining to HQ are whoever about the unprofessionalism of the guy that handled it, ''informal chat'' what a feckin tosspot.

your bro does right, i would get another job, then make sure the guy who threatened the bike, understands it is not nice to do so...
____________________
Roger wrote: Women don't get damp for clingy puppies. Get some better happy pills, hit the gym & buy a medallion the size of a dinner plate. Job done