Can I take legal action against my employer for this??

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  1. purple_hyena's Avatar
    • Full Member
    • Location: Manchester
    • Posts: 92
    Can I take legal action against my employer for this??
    ok so basically I feel like I am being treated really unfairly at work, I'm currently working in a convenience food store (including shifts on the shop floor and the instore hot food counter), I've been taking a year out from uni and have been working full time and have been working there for just over a year, during that time......

    6 people have left the store, either being sacked or leaving for other jobs etc (one of which was our manager on maternity leave and so may be back) and 1 person has been hired to replace these employees. the remaining employees including myself have been the ones picking up the slack.

    I have had to do around three 17 hour shifts, in all fairness I was asked to do it, but I was essentially begged by my superior and felt I had to do it as I felt really bad refusing.

    I have worked several 6 day weeks

    I have worked countless shifts without breaks as there is simply too much work to do

    I have had to work on my own in the hotfood counter doing a 2-3 man job and still expected to give the same level of work in the same timespan.

    I constantly stay after my shift ends for up to 2-2 and a half hours after, usually to complete my work as I dont have enough time during my shift and I am being expected to do the work that 2 or more people usually complete. I dont think I have ever walked out of work when my shift has ended, the earliest has been a couple of minutes after it has ended (sounds petty but its not fun when you NEVER get out on time) and alot of the time i dont think i am paid correctly for this

    There was a period of time where I was constantly pestered when I wasnt in work and on days off to come in and I felt that I had to make up excuses not to come in, when I just didnt want to go as I wanted a rest from work (which is what your days off are supposed to be for)

    I am fairly sure I havent been paid properly for a number of shifts and time I have stayed behind and breaks that I havent recieved

    I burnt my arm quite badly in work and no accident report form or anything was filled in - i wasnt given the option - also the equipment that caused it hasnt been fixed or looked at - it was a tray in an oven up high, which you have to yank out really hard and as i had to pull it so hard it then flew out and hot grease from a tray of bacon flew all over my arm, if i hadnt of jumped back, it would have been on my face and while it didnt scar when it healed after a few weeks, it was extremely painful at the time.

    I and other employees are written up on a lateness monitor if we are late into work, however when managers are late they are not, even when one manager has been late several times which has delayed the opening of the shop by 45mins to an hour with employees outside waiting for said manager, which loses the shop money.

    On boxing day my rota said I was on a shift from 7am - 12noon. however the shop wasnt actually opening until 8am, managers and supervisors failed to tell me this, I was therefore left waiting out side for over an hour (it was actually over 2hours as I had to get a left off at 5.45am as i had no other way in than to get a lift with someone before 6 - the hour between 5.45 and 6.45 isnt really their problem I admit- but I was left sitting outside for from 5:45 - 7:55 approx) I was told by my manager that I would get paid for the hour between 7 and 8, I was not paid for it.

    supervisors/managers do not listen - I have many examples, one of which is the following, when checking fridge/freezer temperatures, if they are too high, I have to inform my supervisor/manager, any time I have< I usually get one of the following responses: "it could be on defrost, keep an eye on it" "just keep an eye on it, check it in a while", I subsequently do check it again, with no difference, tell them again and they do nothing, and the freezers have broken down a few times shortly after these occasions, meaning loss of stock etc, which could have been prevented had they LISTENED!!

    there are pest/bugs that occasionally crawl about the hotfood/deli area floor and have also been spotted in the drinks fridges, the whole staff knows this, and nothing ever seems to happen. I must say I probably have never had a long and distinct conversation with my manager about this myself but this is because I know they know about it and they dont do anything, I am hoping to try any make a complaint to food standards about this as I dont want to work like that and serve food to people that is prepared in this environment, in all fairness i have only ever seen them on the floor but thats still no excuse! would i be in the wrong for not reporting it sooner to my manager or food standards - though like i say the reason is that it isnt my job to phone pest control or anything, i just have to tell the supervisor/manager and they are supposed to sort it, but i know colleagues have (I have been in a colleague's presence while it has been talked about to a manager) and nothing has been done, so it has been reported, the words just didnt necessarily come out of my mouth.

    managers constantly ignore the bell that is at the tills on shop floor which customer assistants ring for help with queues etc, managers also constantly sit in the office for long periods of time and make staff do all the work while serving on tills. A couple of weeks ago I had to go between serving on tills, baking off pastries and sausage rolls etc and packing out fresh (i.e. running up and down the shop while the manager sat in the office doing 'paperwork'.

    there was also a day I was refused a day off for family reasons - though I dont know if I would really have the right to complain about this, as I phoned the night before as this was when my cousin asked me to be there. I wanted to attend my cousin's court case as she wanted me there for moral support. but as its not immediate family I suppose I wouldnt have a case there, or would I?? if anyone knows please tell me.

    ok so I could tell you plenty more, but the above are just some of the examples, so honestly would i have a case to take this to a solicitor and sue my workplace for the way I am being treated? and if so how do I go about it all? are there other people/organisations I can go to? or if you have any suggestions as to what to do, please let me know

    please help, thanks!
  2. ackbar's Avatar
    • Junior Member
    • Posts: 41
    First of all the disclaimer - I am not a lawyer 😝 and secondly have you considered talking to the citizens advice bureaux?

    You say the issues have been raised with your manager and they've ignored the problems - have you tried going above their heads to the store owner/area manager?

    Without knowing the ins and outs of your contract it would be difficult to judge on some of your complaints however I would suggest you adopt a "work to rule" policy and encourage others to do the same. Review your current contract and if you are only contracted for say 36 hours per week then only work 36 hours, make sure you take your legally mandated breaks and stick to the exact letter of your contract. If they then attempt to dismiss you, you will be in a stronger position to file for unfair dismissal.

    Sorry I can't be of more help but I hoped this was useful


    This was posted from The Student Room's iPhone/iPad App
  3. purple_hyena's Avatar
    • Full Member
    • Location: Manchester
    • Posts: 92
    Re: Can I take legal action against my employer for this??
    (Original post by ackbar)
    First of all the disclaimer - I am not a lawyer 😝 and secondly have you considered talking to the citizens advice bureaux?

    You say the issues have been raised with your manager and they've ignored the problems - have you tried going above their heads to the store owner/area manager?

    Without knowing the ins and outs of your contract it would be difficult to judge on some of your complaints however I would suggest you adopt a "work to rule" policy and encourage others to do the same. Review your current contract and if you are only contracted for say 36 hours per week then only work 36 hours, make sure you take your legally mandated breaks and stick to the exact letter of your contract. If they then attempt to dismiss you, you will be in a stronger position to file for unfair dismissal.

    Sorry I can't be of more help but I hoped this was useful


    This was posted from The Student Room's iPhone/iPad App
    hey thanks, I hadnt thought of the citizens advice bureaux at all, I'll definitely look into it!

    again with going above them, i think I've kind of avoided it until now as I thought my managers would somehow step up and get their act together and I am also concerned about how I get the area manager's contact details without my managers finding out, but I think I will just have to try my best to get the contact details without anyone knowing.

    yeah I definitely get where your coming from, that's why i dont really know what to do, i wouldnt really want to go to a solicitor and have them sitting there like..yeah you have no chance. I actually think some of my complaints seem quite petty, but when all of it together is having me completely stressed out and nearly in tears on many occasions when I come home from work and also makes me dread going to work, it makes me kind of angry and I know that I shouldnt have to put up with alot of this at work. And I think your work to rule policy idea sounds like a good plan, my contracted hours are actually only 15 hours but as I am on a year our from uni, I'm quite happy to be working full time i.e. 37.5 hours, its when its more than 37.5 hours and having to do 6 day weeks and yes i sometimes do get overtime rate for this and managers tend to try and make you think they're trying to get you a bit more money etc but I then get taxed more and its nearly not even worth doing extra shifts. and then theres times when they dont pay you properly, but i dont even have the time to count it all up and work it out. also even though i have been working full time, i havent been given a full time contract which means I only get paid for 15hours when i'm on annual leave and they can reduce my hours whenever they like. I will be reducing my hours in september anyway but, if they reduce my hours now, it would leave me pretty cash-strapped at the minute. (though i wouldnt see that happening anyway when theres so little staff, but it's still a pretty easy and unfair way to keep their wage budgets down when i'm on holidays etc and to cut my hours if they ever wanted to). But yeah I think that is a good point, I'm definitely going to try and keep to this, so as you say, if I were dismissed I would be in a stronger position legally.

    wow i'm having quite a rant about all of this lol, sorry for the long posts! and thanks for your advice, it was really helpful
  4. marcusfox's Avatar
    • TSR Demigod
    • Location: Manchester
    • Posts: 7,060
    Re: Can I take legal action against my employer for this??
    (Original post by purple_hyena)
    ok so basically I feel like I am being treated really unfairly at work, I'm currently working in a convenience food store (including shifts on the shop floor and the instore hot food counter), I've been taking a year out from uni and have been working full time and have been working there for just over a year, during that time......
    If you had been there a year since April, you would have protection from unfair dismissal.

    (Original post by purple_hyena)
    6 people have left the store, either being sacked or leaving for other jobs etc (one of which was our manager on maternity leave and so may be back) and 1 person has been hired to replace these employees. the remaining employees including myself have been the ones picking up the slack.
    **** jobs with presumably **** wages have high employee turnover. Not a surprise.

    (Original post by purple_hyena)
    I have had to do around three 17 hour shifts, in all fairness I was asked to do it, but I was essentially begged by my superior and felt I had to do it as I felt really bad refusing.
    Well, you are supposed to have 11 hours of rest period between shifts.

    (Original post by purple_hyena)
    I have worked several 6 day weeks
    So? Presumably they didn't lock you in? Plenty of people do overtime.

    (Original post by purple_hyena)
    I have worked countless shifts without breaks as there is simply too much work to do
    Mandatory break of 20 (or is it 15) minutes after you have been on shift for six hours.

    (Original post by purple_hyena)
    I have had to work on my own in the hotfood counter doing a 2-3 man job and still expected to give the same level of work in the same timespan.
    Irrelevant.

    (Original post by purple_hyena)
    I constantly stay after my shift ends for up to 2-2 and a half hours after, usually to complete my work as I dont have enough time during my shift and I am being expected to do the work that 2 or more people usually complete. I dont think I have ever walked out of work when my shift has ended, the earliest has been a couple of minutes after it has ended (sounds petty but its not fun when you NEVER get out on time) and alot of the time i dont think i am paid correctly for this
    You should be paid for that.

    (Original post by purple_hyena)
    There was a period of time where I was constantly pestered when I wasnt in work and on days off to come in and I felt that I had to make up excuses not to come in, when I just didnt want to go as I wanted a rest from work (which is what your days off are supposed to be for)
    Just tell them no then?

    (Original post by purple_hyena)
    I am fairly sure I havent been paid properly for a number of shifts and time I have stayed behind and breaks that I havent recieved
    Fairly sure? Aren't you keeping your own records to make sure you are paid correctly?

    (Original post by purple_hyena)
    I burnt my arm quite badly in work and no accident report form or anything was filled in - i wasnt given the option - also the equipment that caused it hasnt been fixed or looked at - it was a tray in an oven up high, which you have to yank out really hard and as i had to pull it so hard it then flew out and hot grease from a tray of bacon flew all over my arm, if i hadnt of jumped back, it would have been on my face and while it didnt scar when it healed after a few weeks, it was extremely painful at the time.
    Should have been put in the accident book and reported under RIDDOR.

    (Original post by purple_hyena)
    I and other employees are written up on a lateness monitor if we are late into work, however when managers are late they are not, even when one manager has been late several times which has delayed the opening of the shop by 45mins to an hour with employees outside waiting for said manager, which loses the shop money.
    When you are the manager, you can be late.

    (Original post by purple_hyena)
    On boxing day my rota said I was on a shift from 7am - 12noon. however the shop wasnt actually opening until 8am, managers and supervisors failed to tell me this, I was therefore left waiting out side for over an hour (it was actually over 2hours as I had to get a left off at 5.45am as i had no other way in than to get a lift with someone before 6 - the hour between 5.45 and 6.45 isnt really their problem I admit- but I was left sitting outside for from 5:45 - 7:55 approx) I was told by my manager that I would get paid for the hour between 7 and 8, I was not paid for it.
    If the rota says you are on from 7-12 and you turn up for work at 7, you can get paid from 7

    (Original post by purple_hyena)
    supervisors/managers do not listen - I have many examples, one of which is the following, when checking fridge/freezer temperatures, if they are too high, I have to inform my supervisor/manager, any time I have< I usually get one of the following responses: "it could be on defrost, keep an eye on it" "just keep an eye on it, check it in a while", I subsequently do check it again, with no difference, tell them again and they do nothing, and the freezers have broken down a few times shortly after these occasions, meaning loss of stock etc, which could have been prevented had they LISTENED!!
    Not your concern.

    (Original post by purple_hyena)
    there are pest/bugs that occasionally crawl about the hotfood/deli area floor and have also been spotted in the drinks fridges, the whole staff knows this, and nothing ever seems to happen. I must say I probably have never had a long and distinct conversation with my manager about this myself but this is because I know they know about it and they dont do anything, I am hoping to try any make a complaint to food standards about this as I dont want to work like that and serve food to people that is prepared in this environment, in all fairness i have only ever seen them on the floor but thats still no excuse! would i be in the wrong for not reporting it sooner to my manager or food standards - though like i say the reason is that it isnt my job to phone pest control or anything, i just have to tell the supervisor/manager and they are supposed to sort it, but i know colleagues have (I have been in a colleague's presence while it has been talked about to a manager) and nothing has been done, so it has been reported, the words just didnt necessarily come out of my mouth.
    Whistleblowing is a protected disclosure, meaning they can't sack you, but I don't know if you'd want to keep working there if you tell the Environmental Health. Perhaps anonymously?

    (Original post by purple_hyena)
    managers constantly ignore the bell that is at the tills on shop floor which customer assistants ring for help with queues etc, managers also constantly sit in the office for long periods of time and make staff do all the work while serving on tills. A couple of weeks ago I had to go between serving on tills, baking off pastries and sausage rolls etc and packing out fresh (i.e. running up and down the shop while the manager sat in the office doing 'paperwork'.
    So what? When his boss sees this, he will pull him in line. You are trying to be the tail that wags the dog.

    (Original post by purple_hyena)
    there was also a day I was refused a day off for family reasons - though I dont know if I would really have the right to complain about this, as I phoned the night before as this was when my cousin asked me to be there. I wanted to attend my cousin's court case as she wanted me there for moral support. but as its not immediate family I suppose I wouldnt have a case there, or would I?? if anyone knows please tell me.
    Go and support a cousin's court case with a day's notice? Perfectly reasonable for them to reject the request. I certainly would have.

    (Original post by purple_hyena)
    ok so I could tell you plenty more, but the above are just some of the examples, so honestly would i have a case to take this to a solicitor and sue my workplace for the way I am being treated? and if so how do I go about it all? are there other people/organisations I can go to? or if you have any suggestions as to what to do, please let me know

    please help, thanks!
    Some perhaps, but a lot, not.
    Last edited by marcusfox; 04-07-2012 at 20:09.
  5. ackbar's Avatar
    • Junior Member
    • Posts: 41
    With regards to the accident where you burnt yourself - I'm fairly confident that as a health and safety issue the company are legally obliged to record the details of the accident (both to cover themselves and their employees) and to take action, whether that be a redesign, purchasing of new equipment, or provision of additional training. Someone should be designated as the health and safety representative so it may be worth finding out who that is and sitting down with them for a chat. If you're a member of a union (or know someone who is) they often provide free legal advice or failing that, after speaking with the CAB it may be worth seeking legal advice - many solicitors these days offer a free half hour consultation (often on a Saturday) and they will be able to advise you further.

    There should also be a staff handbook or similar document that lays out your employers obligations and will also cover the usual fire procedures etc - it may be worth consulting this for further information on how to raise issues above your managers as they same uninterested in their obligations to their employees.

    I understand the financial aspects and the downside of a "work to rule" is that your employer can do the same - only providing you with your contracted hours and ultimately employing someone else to cover the gaps. Ideally you should be able to sit down with a manager and discuss your concerns but by the sounds of things that doesn't look like a workable solution. Fingers crossed you'll get the help you need 😃


    This was posted from The Student Room's iPhone/iPad App
  6. purple_hyena's Avatar
    • Full Member
    • Location: Manchester
    • Posts: 92
    Re: Can I take legal action against my employer for this??
    (Original post by marcusfox)
    If you had been there a year since April, you would have protection from unfair dismissal.
    I have been there a year since the start of may

    (Original post by marcusfox)
    **** jobs with presumably **** wages have high employee turnover. Not a surprise.
    i am aware of this, it doesnt mean that they shouldnt hire new people in when they leave, and leave the rest of the staff to try and do all the work

    (Original post by marcusfox)
    Well, you are supposed to have 11 hours of rest period between shifts.
    exactly, and I also do a **** load of back to backs finishing a shift at 11pm and starting at 6/7am the next morning, I have also done this for a number of days in a row, leaving me understandably shattered

    (Original post by marcusfox)
    So? Presumably they didn't lock you in? Plenty of people do overtime.
    sure, but I felt like I had to do it

    (Original post by marcusfox)
    Mandatory break of 20 (or is it 15) minutes after you have been on shift for six hours.
    yeah, hence my point, i have worked 8-9 hour shifts WITHOUT a break!!

    (Original post by marcusfox)
    Irrelevant.
    I disagree, I cant be expected to do the work of 2-3 people in the same timespan and to the same level as 2-3 people would, it would either have to be a much lower level of work or incomplete work, or less work should be expected of me

    (Original post by marcusfox)
    You should be paid for that.
    yeah, I should be

    (Original post by marcusfox)
    Just tell them no then?
    I did, but that doesnt stop them pestering me and it also doesnt stop them from making me feel like i need to give them a reason (other than wanting to sleep/have a life) not to come in.

    (Original post by marcusfox)
    Fairly sure? Aren't you keeping your own records to make sure you are paid correctly?
    yes fairly sure, I am definitely sure for a number of occasions, I do try to keep my own records, but i dont always get the time to check them, and at the end of the day i shouldnt have to keep a record or check that i have been paid correctly, my employer should be keeping the record to pay me properly, which they do, i have to clock in and out, the managers are just too lazy or cheap to actually look at it and just hit pay scheduled (the hours you were on the rota for) instead of looking to see what you actually worked

    (Original post by marcusfox)
    Should have been put in the accident book and reported under RIDDOR.
    This is what I thought should have happened

    (Original post by marcusfox)
    When you are the manager, you can be late.
    I disagree, it is worse for a manager to be late than someone below them. They also definitely shouldnt be late when they have employees coming in at the same time as them, who then have to stand outside waiting until they come in. And its kind of hypocritical of them, not to mention unfair, to put us on a lateness monitor and punish us when they do it themselves, especially when it impacts on the business more when they are late.

    (Original post by marcusfox)
    If the rota says you are on from 7-12 and you turn up for work at 7, you can get paid from 7
    yep my point exactly!!

    (Original post by marcusfox)
    Not your concern.
    I think it is, I'm trying to do my job by telling them something is wrong, they then do nothing and a bigger problem, which may have been prevented by listening to their employee, occurs. there are day to day problems that occur in most workplaces, if you dont communicate properly or listen to your employees, how are you supposed to solve these problems? and stop bigger problems from happening?

    (Original post by marcusfox)
    Whistleblowing is a protected disclosure, meaning they can't sack you, but I don't know if you'd want to keep working there if you tell the Environmental Health. Perhaps anonymously?
    that's good to know that they cant sack me. you make a fair point, i wouldnt really want to keep working there if i tell them, going anon might be the best option as you say. but perhaps telling them will solve the problem, at the end of the day this is the point im trying to make - being left on your own to do too much work means that the same level of cleaning etc isnt being kept up, resulting in pests, therefore if environmental health is informed, once the pests are gone the company would hopefully be forced to take on more staff so the level of cleaning etc is kept high.

    (Original post by marcusfox)
    So what? When his boss sees this, he will pull him in line. You are trying to be the tail that wags the dog.
    well thats just the point, it is the boss himself who is doing it!

    (Original post by marcusfox)
    Go and support a cousin's court case with a day's notice? Perfectly reasonable for them to reject the request. I certainly would have.
    fair enough, thats what i thought anyway and why I was asking for opinions on it.

    (Original post by marcusfox)
    Some perhaps, but a lot, not.
    again fair enough, like i said in an earlier comment, alot of these things may seem petty, but they are adding up to alot of stress for me, stress that i dont think i should have to deal with just for a job. however i did come on here asking about it to get honest opinions, so thanks for the feedback
    Last edited by purple_hyena; 04-07-2012 at 21:50.
  7. Lmeechan's Avatar
    • Exalted Member
    • Posts: 294
    Re: Can I take legal action against my employer for this??
    You know where the door is so you can go exit through it and not go back or simple put up with it.

    Simples
  8. purple_hyena's Avatar
    • Full Member
    • Location: Manchester
    • Posts: 92
    Re: Can I take legal action against my employer for this??
    (Original post by Lmeechan)
    You know where the door is so you can go exit through it and not go back or simple put up with it.

    Simples
    I've thought about that many times, but then again why should i have to give up my job and have no money, when they are the ones in the wrong?
  9. marcusfox's Avatar
    • TSR Demigod
    • Location: Manchester
    • Posts: 7,060
    Re: Can I take legal action against my employer for this??
    (Original post by purple_hyena)
    I have been there a year since the start of may
    Well, you will have to wait until next May then.

    (Original post by purple_hyena)
    i am aware of this, it doesnt mean that they shouldnt hire new people in when they leave, and leave the rest of the staff to try and do all the work
    Don't do all of the extra work then. You can always threaten to quit if you are the only one working there.

    (Original post by purple_hyena)
    exactly, and I also do a **** load of back to backs finishing a shift at 11pm and starting at 6/7am the next morning, I have also done this for a number of days in a row, leaving me understandably shattered
    Like I said, 11 hour breaks between shifts. Oh, and they can't force you to work more than a 48 hour week.

    (Original post by purple_hyena)
    sure, but I felt like I had to do it
    Your feelings are irrelevant, you did it. Sorry, but if you don't stand up for yourself in life, people will **** on you.

    (Original post by purple_hyena)
    yeah, hence my point, i have worked 8-9 hour shifts WITHOUT a break!!
    Like I said, there are rules for this.

    (Original post by purple_hyena)
    I disagree, I cant be expected to do the work of 2-3 people in the same timespan and to the same level as 2-3 people would, it would either have to be a much lower level of work or incomplete work, or less work should be expected of me
    You can be expected to compensate for the duties of absent staff. The fact that they may be understaffed may be a ****ty situation, but still irrelevant.

    (Original post by purple_hyena)
    yeah, I should be
    Good.

    (Original post by purple_hyena)
    I did, but that doesnt stop them pestering me and it also doesnt stop them from making me feel like i need to give them a reason (other than wanting to sleep/have a life) not to come in.
    Like I said, if you are going to say yes when they ask you to work extra, they will continue to ask you.

    (Original post by purple_hyena)
    yes fairly sure, I am definitely sure for a number of occasions, I do try to keep my own records, but i dont always get the time to check them, and at the end of the day i shouldnt have to keep a record or check that i have been paid correctly, my employer should be keeping the record to pay me properly, which they do, i have to clock in and out, the managers are just too lazy or cheap to actually look at it and just hit pay scheduled (the hours you were on the rota for) instead of looking to see what you actually worked
    Uh, you don't always get the time to check them? Write down in a diary the number of hours you did on whatever date. Then when you get your payslip, you should check. If you don't check, any errors may be their fault, but who's going to care?

    Don't have time to check? Weasel words. If you care, you'll make the time. It's probably less than a couple of minutes a week to check that the hours you wrote down match those on your payslip.

    (Original post by purple_hyena)
    This is what I thought should have happened
    You can go to a solicitor for that, but the time since the incident may be to your disadvantage and thus will be played down by them as to why you didn't take action sooner.

    (Original post by purple_hyena)
    I disagree, it is worse for a manager to be late than someone below them. They also definitely shouldnt be late when they have employees coming in at the same time as them, who then have to stand outside waiting until they come in. And its kind of hypocritical of them, not to mention unfair, to put us on a lateness monitor and punish us when they do it themselves, especially when it impacts on the business more when they are late.
    Nope, it's the boss who makes the rules. If you have to wait before your shift, well, you're still being paid aren't you

    (Original post by purple_hyena)
    yep my point exactly!!
    Good.

    (Original post by purple_hyena)
    I think it is, I'm trying to do my job by telling them something is wrong, they then do nothing and a bigger problem, which may have been prevented by listening to their employee, occurs. there are day to day problems that occur in most workplaces, if you dont communicate properly or listen to your employees, how are you supposed to solve these problems? and stop bigger problems from happening?
    If you have notified them as you are required to, then any problems that result through their inaction are not your concern.

    (Original post by purple_hyena)
    that's good to know that they cant sack me. you make a fair point, i wouldnt really want to keep working there if i tell them, going anon might be the best option as you say. but perhaps telling them will solve the problem, at the end of the day this is the point im trying to make - being left on your own to do too much work means that the same level of cleaning etc isnt being kept up, resulting in pests, therefore if environmental health is informed, once the pests are gone the company would hopefully be forced to take on more staff so the level of cleaning etc is kept high.
    Perhaps.

    (Original post by purple_hyena)
    well thats just the point, it is the boss himself who is doing it!
    So? When you're the boss, you make the rules.

    (Original post by purple_hyena)
    fair enough, thats what i thought anyway and why I was asking for opinions on it.
    Good.

    (Original post by purple_hyena)
    again fair enough, like i said in an earlier comment, alot of these things may seem petty, but they are adding up to alot of stress for me, stress that i dont think i should have to deal with just for a job. however i did come on here asking about it to get honest opinions, so thanks for the feedback
    Well, it depends. We work to live, we don't live to work.

    You aren't the first person to hate their job and you won't be the last.
  10. Chulabomb's Avatar
    • Full Member
    • Location: London
    • Posts: 131
    Re: Can I take legal action against my employer for this??
    (Original post by purple_hyena)
    ok so basically I feel like I am being treated really unfairly at work, I'm currently working in a convenience food store (including shifts on the shop floor and the instore hot food counter), I've been taking a year out from uni and have been working full time and have been working there for just over a year, during that time......

    6 people have left the store, either being sacked or leaving for other jobs etc (one of which was our manager on maternity leave and so may be back) and 1 person has been hired to replace these employees. the remaining employees including myself have been the ones picking up the slack.

    I have had to do around three 17 hour shifts, in all fairness I was asked to do it, but I was essentially begged by my superior and felt I had to do it as I felt really bad refusing.

    I have worked several 6 day weeks

    I have worked countless shifts without breaks as there is simply too much work to do

    I have had to work on my own in the hotfood counter doing a 2-3 man job and still expected to give the same level of work in the same timespan.

    I constantly stay after my shift ends for up to 2-2 and a half hours after, usually to complete my work as I dont have enough time during my shift and I am being expected to do the work that 2 or more people usually complete. I dont think I have ever walked out of work when my shift has ended, the earliest has been a couple of minutes after it has ended (sounds petty but its not fun when you NEVER get out on time) and alot of the time i dont think i am paid correctly for this

    There was a period of time where I was constantly pestered when I wasnt in work and on days off to come in and I felt that I had to make up excuses not to come in, when I just didnt want to go as I wanted a rest from work (which is what your days off are supposed to be for)

    I am fairly sure I havent been paid properly for a number of shifts and time I have stayed behind and breaks that I havent recieved

    I burnt my arm quite badly in work and no accident report form or anything was filled in - i wasnt given the option - also the equipment that caused it hasnt been fixed or looked at - it was a tray in an oven up high, which you have to yank out really hard and as i had to pull it so hard it then flew out and hot grease from a tray of bacon flew all over my arm, if i hadnt of jumped back, it would have been on my face and while it didnt scar when it healed after a few weeks, it was extremely painful at the time.

    I and other employees are written up on a lateness monitor if we are late into work, however when managers are late they are not, even when one manager has been late several times which has delayed the opening of the shop by 45mins to an hour with employees outside waiting for said manager, which loses the shop money.

    On boxing day my rota said I was on a shift from 7am - 12noon. however the shop wasnt actually opening until 8am, managers and supervisors failed to tell me this, I was therefore left waiting out side for over an hour (it was actually over 2hours as I had to get a left off at 5.45am as i had no other way in than to get a lift with someone before 6 - the hour between 5.45 and 6.45 isnt really their problem I admit- but I was left sitting outside for from 5:45 - 7:55 approx) I was told by my manager that I would get paid for the hour between 7 and 8, I was not paid for it.

    supervisors/managers do not listen - I have many examples, one of which is the following, when checking fridge/freezer temperatures, if they are too high, I have to inform my supervisor/manager, any time I have< I usually get one of the following responses: "it could be on defrost, keep an eye on it" "just keep an eye on it, check it in a while", I subsequently do check it again, with no difference, tell them again and they do nothing, and the freezers have broken down a few times shortly after these occasions, meaning loss of stock etc, which could have been prevented had they LISTENED!!

    there are pest/bugs that occasionally crawl about the hotfood/deli area floor and have also been spotted in the drinks fridges, the whole staff knows this, and nothing ever seems to happen. I must say I probably have never had a long and distinct conversation with my manager about this myself but this is because I know they know about it and they dont do anything, I am hoping to try any make a complaint to food standards about this as I dont want to work like that and serve food to people that is prepared in this environment, in all fairness i have only ever seen them on the floor but thats still no excuse! would i be in the wrong for not reporting it sooner to my manager or food standards - though like i say the reason is that it isnt my job to phone pest control or anything, i just have to tell the supervisor/manager and they are supposed to sort it, but i know colleagues have (I have been in a colleague's presence while it has been talked about to a manager) and nothing has been done, so it has been reported, the words just didnt necessarily come out of my mouth.

    managers constantly ignore the bell that is at the tills on shop floor which customer assistants ring for help with queues etc, managers also constantly sit in the office for long periods of time and make staff do all the work while serving on tills. A couple of weeks ago I had to go between serving on tills, baking off pastries and sausage rolls etc and packing out fresh (i.e. running up and down the shop while the manager sat in the office doing 'paperwork'.

    there was also a day I was refused a day off for family reasons - though I dont know if I would really have the right to complain about this, as I phoned the night before as this was when my cousin asked me to be there. I wanted to attend my cousin's court case as she wanted me there for moral support. but as its not immediate family I suppose I wouldnt have a case there, or would I?? if anyone knows please tell me.

    ok so I could tell you plenty more, but the above are just some of the examples, so honestly would i have a case to take this to a solicitor and sue my workplace for the way I am being treated? and if so how do I go about it all? are there other people/organisations I can go to? or if you have any suggestions as to what to do, please let me know

    please help, thanks!
    Honestly, the first thing you need to do is contact your company's head office. You cannot pursue a court case unless you've gone through all company procedure regarding grievances. In terms of not being sure you've been paid correctly, you can ask to receive a copy of your rota from all the months that concern you and then put this up against the amount you received on your payslip. If there is an underpayment they legally must reimburse you.

    Once you have gone through grievance procedures, if they have not addressed these issues in a way you would like you can could then contact Citizen's Advice in regards to legal action. I would leave out any mention of working 6 days in a row as you have done so voluntarily, however being harassed when you are not working to come in is completely relevant, as is being made to complete the work of several people when working such long shifts. The absence of compulsory breaks will also support your case.

    If you do go for legal action you must have a strong case in terms of how this has affected you (stress/pressure) and it would be in your favour to visit your GP in advance and perhaps get a sick note for stress as this will be written proof from a professional that the action of this company has affected your health.


    I hope this helps
  11. purple_hyena's Avatar
    • Full Member
    • Location: Manchester
    • Posts: 92
    Re: Can I take legal action against my employer for this??
    (Original post by ackbar)
    With regards to the accident where you burnt yourself - I'm fairly confident that as a health and safety issue the company are legally obliged to record the details of the accident (both to cover themselves and their employees) and to take action, whether that be a redesign, purchasing of new equipment, or provision of additional training. Someone should be designated as the health and safety representative so it may be worth finding out who that is and sitting down with them for a chat. If you're a member of a union (or know someone who is) they often provide free legal advice or failing that, after speaking with the CAB it may be worth seeking legal advice - many solicitors these days offer a free half hour consultation (often on a Saturday) and they will be able to advise you further.

    There should also be a staff handbook or similar document that lays out your employers obligations and will also cover the usual fire procedures etc - it may be worth consulting this for further information on how to raise issues above your managers as they same uninterested in their obligations to their employees.

    I understand the financial aspects and the downside of a "work to rule" is that your employer can do the same - only providing you with your contracted hours and ultimately employing someone else to cover the gaps. Ideally you should be able to sit down with a manager and discuss your concerns but by the sounds of things that doesn't look like a workable solution. Fingers crossed you'll get the help you need


    This was posted from The Student Room's iPhone/iPad App
    Hey, this is great, I'm hoping to try and find out who the health and safety rep is this week, i actually think i know who it is and if it is the person i think, then she was off sick at the time this happened in all fairness, however as far as im concerned its then up to the manager to sort it out and fill out paperwork etc in regards to accidents if she wasnt there. I might take you up on this plan of seeking help from the CAB and legal advice to see if i have a case. I am scared though that i wont get anywhere with it as my arm did heal up well and you can only see extremely faintly where i was burnt and i only took pictures when it first happened and it probably looked worse a few days after, but then again taking pictures of my burnt arm wasnt really high on my list of priorities as my gran had been very ill in hospital for 10 weeks and then died later that week, a few days after the accident happened, so i was busy with other more important things and going through what wasnt a very nice time, so i wasnt even thinking about what i should be doing about my arm.

    Im pretty sure there is a staff handbook however i never received one when i started, i was told i would get one but never did :-/ but hopefully i can get contact details of the "big" managers in the office somehow.

    yeah, thats the only thing but as they are so understaffed im pretty confident i wont lose my hours so i have started trying to do the work to rule. i left some of the work today and when i was giving my order in for tomorrow to my manager i said that there were a couple of things left but i wasnt doing them as my shift was over and i walked out of the office :-/ i maybe shouldve waited for a reply but i was very annoyed and how i didnt burst into tears when i walked out i dont know. I then got a phonecall about 30mins after i left but i didnt pick up, because i genuinely had just got into the house and had left my phone in another room so i didnt hear it, but i doubt i wouldve picked up if i had heard it in all honesty. I think I'm going to try and compose a letter to my area manager and head office tonight and then seek some advice from CAB before i send it and see if they think i'm putting it the right way, as I'm extremely tempted to sign this letter off saying that I'll be taking legal action if the problems arent sorted, but i doubt this is the right way to get on, and it might sound threatening which probably isnt a good idea either. plus i dont want to sound as if im saying i'll only take legal action if the problems arent resolved, because at this point, the problems being resolved isnt really enough and even if they are resolved i may take legal action for the way ive been treated anyway.

    anyway, thank you for the support and advice, it has helped so much and i really appreciate it
    Last edited by purple_hyena; 09-07-2012 at 16:39.
  12. purple_hyena's Avatar
    • Full Member
    • Location: Manchester
    • Posts: 92
    Re: Can I take legal action against my employer for this??
    (Original post by marcusfox)
    Well, you will have to wait until next May then.



    Don't do all of the extra work then. You can always threaten to quit if you are the only one working there.



    Like I said, 11 hour breaks between shifts. Oh, and they can't force you to work more than a 48 hour week.



    Your feelings are irrelevant, you did it. Sorry, but if you don't stand up for yourself in life, people will **** on you.



    Like I said, there are rules for this.



    You can be expected to compensate for the duties of absent staff. The fact that they may be understaffed may be a ****ty situation, but still irrelevant.



    Good.



    Like I said, if you are going to say yes when they ask you to work extra, they will continue to ask you.



    Uh, you don't always get the time to check them? Write down in a diary the number of hours you did on whatever date. Then when you get your payslip, you should check. If you don't check, any errors may be their fault, but who's going to care?

    Don't have time to check? Weasel words. If you care, you'll make the time. It's probably less than a couple of minutes a week to check that the hours you wrote down match those on your payslip.



    You can go to a solicitor for that, but the time since the incident may be to your disadvantage and thus will be played down by them as to why you didn't take action sooner.



    Nope, it's the boss who makes the rules. If you have to wait before your shift, well, you're still being paid aren't you



    Good.



    If you have notified them as you are required to, then any problems that result through their inaction are not your concern.



    Perhaps.



    So? When you're the boss, you make the rules.



    Good.



    Well, it depends. We work to live, we don't live to work.

    You aren't the first person to hate their job and you won't be the last.

    ok so i was going to sit and go through every point again but to be honest, if i do that, well...we could both be sitting here for a long time, however i will say this, you have actually given me a bit of the tough, matter of fact advice i actually needed, as you say if i continue to take this crap from them, then things wont change, so im going to get in touch with the 'big' managers and seek advice from the CAB and possibly a solicitor. so thank you for giving it to me straight, i definitely needed it and thanks for the info aswell, much appreciated! also a question..in regards to the unfair dismissal thing..if they were to dismiss me now, does that mean i wouldnt be able to do anything about it? because i simply havent worked there for 2 years? :-/

    also...

    (Original post by marcusfox)
    We work to live, we don't live to work.
    well said!!
  13. marcusfox's Avatar
    • TSR Demigod
    • Location: Manchester
    • Posts: 7,060
    Re: Can I take legal action against my employer for this??
    (Original post by purple_hyena)
    ...also a question..in regards to the unfair dismissal thing..if they were to dismiss me now, does that mean i wouldnt be able to do anything about it? because i simply havent worked there for 2 years? :-/
    They can, but it doesn't stop you taking action against them for the things that we have already told you you may be able to take action for. If you can show that the dismissal was due to one of the protected reasons - discrimination, union activity, pregnancy, whistleblowing and some others, you can still claim UD.

    If they were to sack you for moaning too much, or just because they didn't want to keep you around anymore, they can do this, provided you have not been there more than one year if your employment started prior to April 2011, or if after April 2011, two years.

    If they do dismiss you, they must follow the notice period (one week if not stated as you have worked longer than one month) and any other provisions in your contract, including paying all holiday you have accrued but not taken.
  14. purple_hyena's Avatar
    • Full Member
    • Location: Manchester
    • Posts: 92
    Re: Can I take legal action against my employer for this??
    (Original post by Chulabomb)
    Honestly, the first thing you need to do is contact your company's head office. You cannot pursue a court case unless you've gone through all company procedure regarding grievances. In terms of not being sure you've been paid correctly, you can ask to receive a copy of your rota from all the months that concern you and then put this up against the amount you received on your payslip. If there is an underpayment they legally must reimburse you.

    Once you have gone through grievance procedures, if they have not addressed these issues in a way you would like you can could then contact Citizen's Advice in regards to legal action. I would leave out any mention of working 6 days in a row as you have done so voluntarily, however being harassed when you are not working to come in is completely relevant, as is being made to complete the work of several people when working such long shifts. The absence of compulsory breaks will also support your case.

    If you do go for legal action you must have a strong case in terms of how this has affected you (stress/pressure) and it would be in your favour to visit your GP in advance and perhaps get a sick note for stress as this will be written proof from a professional that the action of this company has affected your health.


    I hope this helps
    hey, yeah i have to agree with you here, which is why i'm going to try and compose a letter to the higher up managers/head office tonight and try and get the ball rolling. i'll ask about getting the rotas aswell, and they also save the times we clock in and out on the computers so hopefully i can get these too. however i have heard one of my supervisors say that the clock in times are only kept for a week and i'd imagine the rotas are the same, so what should i do in this case? i wouldnt say i have been great at taking everything down when ive missed breaks and worked past my time in the past either, which probably isnt great on my side of things i guess? but i have got very exact about it in the past few weeks, noting it all down on my phone.

    thats good to know that those things are relevant, plus loads of people know that im always staying behind and not getting breaks too, however whether they would support me if i did go down the legal route..i dont know, as ive heard alot about companies getting funny with people who support ex employees in legal matters against the company, or maybe thats just a load of rubbish..who knows :-/

    yeah i was thinking of that aswell, because in all honesty, i have been in a constant bad mood for what feels like an age, i dont feel like my usual happy self, and i am very stressed out both at work and when i come home, i find it hard to take my mind off work, ive been in tears over work several times, once in work, though i was also upset that day because of my granny. i also find it hard to get to sleep, needing to have a dvd on so im not lying in bed thinking about how crap things are!
    ...but im kind of unsure of what to say to my GP, i dont want to go to the doctor and seem like an utter eejit..do i just make an appointment and literally just say something like "lately i feel very stressed and under pressure and literally explain everything that i just said and say that i havent been getting breaks in work, ive been working past my time and im being made to do the work that usually 2 or more people do, and does she (my GP) think theres anything i can do to stop getting so stressed and stop being in such a bad mood etc.?? im scared its going to look like im going to the GP just to get a sick line so i can get a few days off work or it looks like im only doing it to get evidence incase i do take legal action..i guess the latter part is kind of true in a way, but in all fairness its not like im lying, that is the way i feel, and maybe my GP might actually be able to help anyway, because im really not happy, and i'm starting to get sick of feeling like this. but yeah what do i say to my GP? is what im trying to ask really..as dumb as that sounds, i just havent been to my GP about something like this before, so dont want to just sound as if ive came in for a good old complaining session about work just for the heck of it because i think she wants to know lol.

    thank you so much for your advice, i might try to let you see the letter i plan on sending to the 'big' managers when i get it written and you can tell me what you think, as I want to get it right, i dont want to just have a rant on paper lol i would like it to sound as professional as possible and get my point across. so will hopefully get it written soon. thanks again for your help
  15. Chulabomb's Avatar
    • Full Member
    • Location: London
    • Posts: 131
    Re: Can I take legal action against my employer for this??
    (Original post by purple_hyena)
    hey, yeah i have to agree with you here, which is why i'm going to try and compose a letter to the higher up managers/head office tonight and try and get the ball rolling. i'll ask about getting the rotas aswell, and they also save the times we clock in and out on the computers so hopefully i can get these too. however i have heard one of my supervisors say that the clock in times are only kept for a week and i'd imagine the rotas are the same, so what should i do in this case? i wouldnt say i have been great at taking everything down when ive missed breaks and worked past my time in the past either, which probably isnt great on my side of things i guess? but i have got very exact about it in the past few weeks, noting it all down on my phone.

    thats good to know that those things are relevant, plus loads of people know that im always staying behind and not getting breaks too, however whether they would support me if i did go down the legal route..i dont know, as ive heard alot about companies getting funny with people who support ex employees in legal matters against the company, or maybe thats just a load of rubbish..who knows :-/

    yeah i was thinking of that aswell, because in all honesty, i have been in a constant bad mood for what feels like an age, i dont feel like my usual happy self, and i am very stressed out both at work and when i come home, i find it hard to take my mind off work, ive been in tears over work several times, once in work, though i was also upset that day because of my granny. i also find it hard to get to sleep, needing to have a dvd on so im not lying in bed thinking about how crap things are!
    ...but im kind of unsure of what to say to my GP, i dont want to go to the doctor and seem like an utter eejit..do i just make an appointment and literally just say something like "lately i feel very stressed and under pressure and literally explain everything that i just said and say that i havent been getting breaks in work, ive been working past my time and im being made to do the work that usually 2 or more people do, and does she (my GP) think theres anything i can do to stop getting so stressed and stop being in such a bad mood etc.?? im scared its going to look like im going to the GP just to get a sick line so i can get a few days off work or it looks like im only doing it to get evidence incase i do take legal action..i guess the latter part is kind of true in a way, but in all fairness its not like im lying, that is the way i feel, and maybe my GP might actually be able to help anyway, because im really not happy, and i'm starting to get sick of feeling like this. but yeah what do i say to my GP? is what im trying to ask really..as dumb as that sounds, i just havent been to my GP about something like this before, so dont want to just sound as if ive came in for a good old complaining session about work just for the heck of it because i think she wants to know lol.

    thank you so much for your advice, i might try to let you see the letter i plan on sending to the 'big' managers when i get it written and you can tell me what you think, as I want to get it right, i dont want to just have a rant on paper lol i would like it to sound as professional as possible and get my point across. so will hopefully get it written soon. thanks again for your help
    The rota thing is absolute rubbish, if you were to take them to court tomorrow you'd see they'd have a record of your clock ins and outs from the day you started! They must produce these when you ask for them and are not allowed to refuse under any circumstances, although it could take several days.
    In view to a doctor's visit you do just that - say that you are feeling stressed, eluding to feeling that you need sleeping aids/anti depressants and they will note that you suffer from anxiety/mild depression (it really is that easy!)

    Good luck, I hope it all works out.
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