swarb.co.uk

My manager is demanding that all staff in the department are at their work place 10 minutes before their shift starts. This means that the necessary protective clothing is put on (5 mins), and then walk through the factory (2-3 mins) meaning in all that we are expected now to arrive at work 20 mins prior to our contracted start time. The manager has stated categorically that the time will not be paid, and no time in lieu etc will be given.

It is by no means the first time such changes have been made, it seems like every 2 months or so some change happens or some earlier promise is broken, and while 10 minutes does not seem a lot, myself and most of my colleagues now feel that enough is enough, and also some of us would have difficulty in accomodating this change, due to childcare arrangements etc.

So I would like to know, what are the company's options should people fail to be at their workplace 10 minutes early? It seems to me that if you are clocked before your contracted start time, the company cannot deduct pay, and surely other disciplinary action would not be legal? Would they really go so far as to (eventually) dismiss somebody for not coming to work early? If they did, would it be unfair dismissal assuming that the correct disciplinary procedures were followed.

The company has a fondness for declaring each new rule will be considered Gross Misconduct if violated. Can the company do this or are there guidelines of what would and would not be construed as such. It would seem ridiculous that someone could be dismissed without notice because they did not arrive for work early, but this is a possibility if the company's policies are taken literally.

I should point, this is not a backstreet operation, but a Global brand, household name company which even despite the recent financial situation is still turning a nice profit and showing consistent growth.

Any/All advice appreciated.

In my opinion, which is not a legal opinion, a worker should be at their workplace and ready to start work at the start time. If it takes ten minutes to prepare for this, then the worker should be there in time to do this in order to commence work at the start time.

I do not think an employer can insist that an employee should start earlier than the stipulated time, only that they should be ready at that time.

When I used to run a pub, we advised staff to get to work in plenty of time so as to start behind the bar at change of shift. Some of them would come crashing into the pub with seconds to spare, then make a quick cup of tea, go to the loo, brush their hair and freshen up their makeup (and I include the male staff in this sweeping statement) and thus fail to hit the bar at the official start time.

The staff who were finishing felt it unfair that they should have to work an extra ten or fifteen minutes because their colleagues were not ready to start work on time.

Have a look at the contract, does it state the start times? What procedures are there for changes to your contract? Has the workforce or union been consulted? What are you expected to do by being 10 minutes at the workplace prior to your commencement time? What is the purpose to this change of rule? Have there been problems to instigate this change? If so, how can the workforce and management best address these issues?

Not much help, am I? Good luck.

My (in)experience in these matters is friends and colleagues under similar situations of creeping changes in terms and conditions.

As far as I understand, gross misconduct can be anything defined by the company in the terms and conditions, and the company is judge and jury. Eg. if it is due to "failure to follow the reasonable instructions of a manager", to take one example of a definition of misconduct, the company can decide what is "a reasonable instruction".

If it results in dismissal, only then can a tribunal take a different view.

Our start times are specifically stated in our contract. There is also the usual clause that the company may change these hours to suit the business need, but my own interpretation of this is that the overall working hours would remain constant, unless of course there were a corresponding change in payment.

There is no Union - the company's policy is that there is no need for one, since they treat everybody so well (!). There are numerous forums etc to discuss thing with management, but any awkward/dissenting questions are usually met with non-answers.

At the moment everybody is ignoring the directive and coming in at the usual time, which is fine - safety in numbers etc, but if some people begin to weaken for whatever reason it will finish up with the usual suspects

IP is right that the usual arrangement is that staff arrive at such a time as to be ready to begin work at the time their shift starts.

Different situations can arise by contract, but that is probably the default.