What are my hourly rights as a zero-hour worker? (Bartender/Waitress)

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    So I know that I have the right to pick and choose my shifts and my employer isn't obligated to give me any. My question is about the hours I work.

    My employer texts me every week along the lines of "Can you work Friday 6-?, Saturday 6-? and Sunday 12-6".
    Essentially he never tells me what time I'm allowed to clock off in the night. We usually close at midnight and I clock off at 00:10. However there are rare occasions where the pub is still booming at midnight.
    The most recent incident I can remember was at 11:50pm my boss called us over and said "[name] you're now working until 2am". I felt awful, this was too short notice and I found it unfair. I said to him "Don't we get a break?" as I had started at 6pm. He said "Fine, you can have a 15 minute break." I know I'm entitled to a 20 minute break at least. I finally stood up for myself I said "[Boss] this is too short notice. I can't work until that time, break or no break, you know about my spinal condition and my pain-relief tablets only last me until now."
    He shouted at me about how inconvenient it would be for him with one less staff member, however earlier that night he had sent home someone who had started LATER than me! I left after standing my ground as I pointed out prior to my 6pm starts he used to make me work "5-?" which was an illegal total 7 hours with no break.
    But with the Christmas season fast approaching I'm scared it'll happen again. I'm a university student and I deserve to have adequate time to rest in order to get up early and study in the morning.

    We supposedly have license to stay open until 1am (even though midnight is the advertised closed time) but my point is don't I deserve to know my clock off time in advance - even if I'm on zero hours? Should I speak to him and ask for my shifts to be changed to 6-12 or even 6-1 if he knows it will be busy?

    Some extra info: I've been in this job for a year, I'm paid way over minimum wage for my age. My boss is an renowned alcoholic, customers and staff can see this which makes it difficult to reason with him as he is constantly intoxicated.
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    Unfortunately I'm not sure this counts as being illegal or against your rights as a 0 hour worker (will admit I haven't studied the employment law on it...). My friend is currently on a 0 hours contract and works from 10am to midnight/closing - I asked if that was even legal, but she said that because she's not contracted anything, they can ask her to work that. Unfortunately if you don't do it, someone else who is willing to work those hours will get the job. It's very common for bars to have hours 'until close', so I'm not sure you'll get anything from him on that basis - I used to work in a similar job, never knowing my end time, which was really inconvenient for me as I couldn't drive and relied on lifts or public transport. I know it's depressing, but you're lucky you're paid more than minimum wage at least for those kind of jobs.

    Not sure if you get extra rights on account of having a disability, so you might want to look into that.
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    Even if you're a zero hour contracted worker, you're entitled to the breaks and maximum hours as everyone else is. She cannot work 10am til midnight legally

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    (Original post by roflcakes1)
    Unfortunately I'm not sure this counts as being illegal or against your rights as a 0 hour worker (will admit I haven't studied the employment law on it...). My friend is currently on a 0 hours contract and works from 10am to midnight/closing - I asked if that was even legal, but she said that because she's not contracted anything, they can ask her to work that. Unfortunately if you don't do it, someone else who is willing to work those hours will get the job. It's very common for bars to have hours 'until close', so I'm not sure you'll get anything from him on that basis - I used to work in a similar job, never knowing my end time, which was really inconvenient for me as I couldn't drive and relied on lifts or public transport. I know it's depressing, but you're lucky you're paid more than minimum wage at least for those kind of jobs.

    Not sure if you get extra rights on account of having a disability, so you might want to look into that.
    Thanks for the response, I'm aware I wouldn't have much leeway in legal matters. They claim they have license to be open until 1am but I have never actually seen this license. But I know that 1am is the cut off time so to ask me to work until 2am was definitely hypocritical.
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    (Original post by fxlloutboyy)
    Even if you're a zero hour contracted worker, you're entitled to the breaks and maximum hours as everyone else is. She cannot work 10am til midnight legally

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    I agree.
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    (Original post by fxlloutboyy)
    Even if you're a zero hour contracted worker, you're entitled to the breaks and maximum hours as everyone else is. She cannot work 10am til midnight legally

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    This is true. Technically.

    Practically - if you dont do it, then you dont get the hours next time. 0 hour contracts are the biggest weapon of unscrupulous employers.


    (Original post by HannahMFO)
    Thanks for the response, I'm aware I wouldn't have much leeway in legal matters. They claim they have license to be open until 1am but I have never actually seen this license. But I know that 1am is the cut off time so to ask me to work until 2am was definitely hypocritical.
    If they didnt have a late liscence they would be shut down fairly quick. So I'd say thats true

    The bar is open till 1 am. however after that youve then got to clean the place for the next morning so an hour is about right.

    Welcome to the world of 0 hour contracts, where the employer has all the rights and power and threaten/bribe and blackmail you with no hours the next week if you dont do exactly what they want.
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    (Original post by HannahMFO)
    So I know that I have the right to pick and choose my shifts and my employer isn't obligated to give me any. My question is about the hours I work.

    My employer texts me every week along the lines of "Can you work Friday 6-?, Saturday 6-? and Sunday 12-6".
    Essentially he never tells me what time I'm allowed to clock off in the night. We usually close at midnight and I clock off at 00:10. However there are rare occasions where the pub is still booming at midnight.
    The most recent incident I can remember was at 11:50pm my boss called us over and said "[name] you're now working until 2am". I felt awful, this was too short notice and I found it unfair. I said to him "Don't we get a break?" as I had started at 6pm. He said "Fine, you can have a 15 minute break." I know I'm entitled to a 20 minute break at least. I finally stood up for myself I said "[Boss] this is too short notice. I can't work until that time, break or no break, you know about my spinal condition and my pain-relief tablets only last me until now."
    He shouted at me about how inconvenient it would be for him with one less staff member, however earlier that night he had sent home someone who had started LATER than me! I left after standing my ground as I pointed out prior to my 6pm starts he used to make me work "5-?" which was an illegal total 7 hours with no break.
    But with the Christmas season fast approaching I'm scared it'll happen again. I'm a university student and I deserve to have adequate time to rest in order to get up early and study in the morning.

    We supposedly have license to stay open until 1am (even though midnight is the advertised closed time) but my point is don't I deserve to know my clock off time in advance - even if I'm on zero hours? Should I speak to him and ask for my shifts to be changed to 6-12 or even 6-1 if he knows it will be busy?

    Some extra info: I've been in this job for a year, I'm paid way over minimum wage for my age. My boss is an renowned alcoholic, customers and staff can see this which makes it difficult to reason with him as he is constantly intoxicated.
    zero hours worker have virtually zero standing room on anything any complaints and they are replaced
    I've worked 10-5 with no break then worked 6-2 on the same day and that was totally legal
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    Probably against your rights but realistically not alot you can do. Id try and find a new job if youre unhappy.

    I used to work for the local council and would regularly end up working illegal hours. I recall doing a couple of 24 hours shifts over the xmas holidays, back when i was 16. Basically employers will try getting you to do whatever suits them regardless of legality.
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    (Original post by roflcakes1)
    Unfortunately I'm not sure this counts as being illegal or against your rights as a 0 hour worker (will admit I haven't studied the employment law on it...). My friend is currently on a 0 hours contract and works from 10am to midnight/closing - I asked if that was even legal, but she said that because she's not contracted anything, they can ask her to work that. Unfortunately if you don't do it, someone else who is willing to work those hours will get the job. It's very common for bars to have hours 'until close', so I'm not sure you'll get anything from him on that basis - I used to work in a similar job, never knowing my end time, which was really inconvenient for me as I couldn't drive and relied on lifts or public transport. I know it's depressing, but you're lucky you're paid more than minimum wage at least for those kind of jobs.

    Not sure if you get extra rights on account of having a disability, so you might want to look into that.
    I'm on a zero hours contract myself (I work in a shop) and I always get given a break when I do long shifts. So OP is definitely entitled to break(s)!


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    (Original post by ohhello92x)
    I'm on a zero hours contract myself (I work in a shop) and I always get given a break when I do long shifts. So OP is definitely entitled to break(s)!


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    Didn't say she wasn't!
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    (Original post by roflcakes1)
    Didn't say she wasn't!
    Sorry, sorry read it wrong!


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    You're entitled to a 20 minute unpaid break after six consecutive working hours.

    Having a shift that runs until finish rather than a specific end of shift time is standard, we use it every weekend with our casual staff. Home time is when everything that needs doing is done.
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    (Original post by silverbolt)
    This is true. Technically.

    Practically - if you dont do it, then you dont get the hours next time. 0 hour contracts are the biggest weapon of unscrupulous employers.




    If they didnt have a late liscence they would be shut down fairly quick. So I'd say thats true

    The bar is open till 1 am. however after that youve then got to clean the place for the next morning so an hour is about right.

    Welcome to the world of 0 hour contracts, where the employer has all the rights and power and threaten/bribe and blackmail you with no hours the next week if you dont do exactly what they want.
    The bar is open until 12am, it is only open until 1am if there are rare occasions where the pub is still booming at midnight e.g. a birthday buffet. I should also add it takes 10 minutes to do "the shutting down process",we're a quick team when it comes to cleaning. The rest is left to the cleaner in the mornings before the pub opens again the next day, so in the event we'd close at 1am my employer shouldn't be forcing me to stay on until 2am. Please remember as I have stated above he will be heavily inebriated at this point in the night and make bad managerial decisions - all the regulars are aware of his alcoholism and are sympathetic towards the staff - but obviously the one off customers who stay for a long night to party don't.

    To give an example of this my most recent shift was 12-6 on Sunday, he works at 6 until close (10). It was 4pm and there were three customers and yet he claimed he "needed me on" (he was drunk when he said this). I was happy to stand there and get paid for doing nothing because a 6 hour shift with no break is legal. But still it was kinda pointless when I could have clocked off at 4.
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    I know this sounds dreadful, but are there no opportunities locally with a more, reputable employer? E.G: A nationwide supermarket chain e.c.t or national pub/club chain? I know managers can be just as bad, but head office normally does there best to keep them in line.

    Personally, I would never work with an alcoholic / drunk boss (unless on a Christmas night out e.c.t), but that's just the way I am.
 
 
 
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