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Employee rights - Breech of human rights?
7 Answers
Hi, I'm posting on behalf of my friend who is having major problems with her boss (she works for a very popular sandwich chain in a busy shopping centre)
First problem. Her boss has told all staff that all full time staff have to do a late shift (ie close shop at 9 and leave once cleared up). They have not signed any contract saying this but if they question it her boss will cut shifts and give people very few hours.
Secondly, her boss has a live stream to the CCTV cameras in the store and listens and watches all their activity when she is not there, therefore she knows when someone is unhappy and confididing in another staff member.
And lastly when she knows about anyones probelms of if she has a "chat" with any staff she is not happy with, she will ask all of the other staff if they are unhappy with them also and throw that up into the conversation.
Is any of this breeching employment laws or human rights or is it simply bad management?
First problem. Her boss has told all staff that all full time staff have to do a late shift (ie close shop at 9 and leave once cleared up). They have not signed any contract saying this but if they question it her boss will cut shifts and give people very few hours.
Secondly, her boss has a live stream to the CCTV cameras in the store and listens and watches all their activity when she is not there, therefore she knows when someone is unhappy and confididing in another staff member.
And lastly when she knows about anyones probelms of if she has a "chat" with any staff she is not happy with, she will ask all of the other staff if they are unhappy with them also and throw that up into the conversation.
Is any of this breeching employment laws or human rights or is it simply bad management?
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Its probably bad management but hardly a breach of human rights.
Her hours will be as definined in her contract or whats been generally accepted.
Many retail companies have cctv, especially above the tills. Depends how its used whether its intrusive or not.
No harm in her boss asking other people's opinions, though again it depends how its done. Smacks of bad management in this case.
Personally, if I was your frined and wasnt happy in that job, I'd simply leave and go and work somewhere else.
Her hours will be as definined in her contract or whats been generally accepted.
Many retail companies have cctv, especially above the tills. Depends how its used whether its intrusive or not.
No harm in her boss asking other people's opinions, though again it depends how its done. Smacks of bad management in this case.
Personally, if I was your frined and wasnt happy in that job, I'd simply leave and go and work somewhere else.
As regards the hours, it depends upon your contract, or the existing custom, as cascarellii says. Changing what hours you work is a change to your contract of employment, whether it's in writing or not.
Then (effectively) punishing people for not agreeing to the change is not on. You'd have to be able to prove the cause and effect, but if you could you would have a case for an industrial tribunal.
I'd say it is not good management not 'talking through' the changes required and introducing them considerately, no.
Monitoring: watching staff via video is commonplace, it happens all over. Providing you are told and are aware of the monitoring, this is not an issue. But, and I'm not at all sure about this, I believe the same may not be true for including audio in the monitoring.
Why don't you try looking on the ACAS site?
Then (effectively) punishing people for not agreeing to the change is not on. You'd have to be able to prove the cause and effect, but if you could you would have a case for an industrial tribunal.
I'd say it is not good management not 'talking through' the changes required and introducing them considerately, no.
Monitoring: watching staff via video is commonplace, it happens all over. Providing you are told and are aware of the monitoring, this is not an issue. But, and I'm not at all sure about this, I believe the same may not be true for including audio in the monitoring.
Why don't you try looking on the ACAS site?
Thanks both for the advice so far, I have had a look at the ACAS website. I doesn't clearly state if the emplolyer is within her rights to monitor them all day in all areas of the shop with sound so I have emailed them. I forgot to mention that all of the staff no they are being watched but most of them don't know about the sound.
With regards to working hours, she has signed no agreement stating she will work any certain hours. When she first started she was given the same hours each week then her boss put her on a late shif as a temp arrangement "to train new staff". Now she has questioned it (as she has been doing it since christmas) she has been told that everyone who works full time has to do one late shift a week.
Another member of the staff had a run in with the boss and found that the following weeks her shifts were cut dramatically and she had more than one late shift.
Its mainly the hours that causes problems, everyone gets irrate after 8 hours in a busy shopping centre and wants to leave at their set time. However just last week my friend was not allowed to leave untl 2 hours after her shift was supposed to finish, just because the day had been busy, everyone had to serve the food instead of tidy up the preperation area. So, she had to stay a clear up, all because her boss hadn't put enough staff on. Because of that she worked 52 hours in one week!
With regards to working hours, she has signed no agreement stating she will work any certain hours. When she first started she was given the same hours each week then her boss put her on a late shif as a temp arrangement "to train new staff". Now she has questioned it (as she has been doing it since christmas) she has been told that everyone who works full time has to do one late shift a week.
Another member of the staff had a run in with the boss and found that the following weeks her shifts were cut dramatically and she had more than one late shift.
Its mainly the hours that causes problems, everyone gets irrate after 8 hours in a busy shopping centre and wants to leave at their set time. However just last week my friend was not allowed to leave untl 2 hours after her shift was supposed to finish, just because the day had been busy, everyone had to serve the food instead of tidy up the preperation area. So, she had to stay a clear up, all because her boss hadn't put enough staff on. Because of that she worked 52 hours in one week!
by the sound of it, I'm not sure if there is a worse job!
If my manager was doing this, then I'd most certainly quit. Can't your friend contact head office, or her area manager and tell them what's going on? Half the time head office have no idea what their employees are up to.
On recently quitting my job, I was given an exit interview, where I had to state why I was leaving, was I happy with the staff/manager/store etc etc.. this helps the make the company a better place, and, sort out anything dodgy going on. I'm not sure if all businesses do this now but it would be a good way of letting the employers know as it's all done online.
In my opinion, it is unfair and highly unprofessional to use sound recording devices in the store, purely with the intention of invading staff's privacy, which is what it sounds like. I'm sure if the customers knew that this was the case they would cease to purchase food from the shop/cafe again.
Hope this helps? Lou x
If my manager was doing this, then I'd most certainly quit. Can't your friend contact head office, or her area manager and tell them what's going on? Half the time head office have no idea what their employees are up to.
On recently quitting my job, I was given an exit interview, where I had to state why I was leaving, was I happy with the staff/manager/store etc etc.. this helps the make the company a better place, and, sort out anything dodgy going on. I'm not sure if all businesses do this now but it would be a good way of letting the employers know as it's all done online.
In my opinion, it is unfair and highly unprofessional to use sound recording devices in the store, purely with the intention of invading staff's privacy, which is what it sounds like. I'm sure if the customers knew that this was the case they would cease to purchase food from the shop/cafe again.
Hope this helps? Lou x
Thanks for the idea however the store is a franchise so her boss had to buy and and I think she can run it how she wants as long as the food is prepared and sold to the company guidelines.
There is an update, one of the longest serving members of staff was sacked yesterday for answering the boss back, no warnings or anything. I'm sure she will do something about it.
There is an update, one of the longest serving members of staff was sacked yesterday for answering the boss back, no warnings or anything. I'm sure she will do something about it.
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