Employment

[TopCat]

Hello all, have a quick question for you.

Recently worked four hours in a restaurant as part of a 'trial shift'. However, I learnt afterwards it is unpaid. What are the legalities around this?

Thanks

[marksi]

That would presumably depend on whether or not they told you it was paid work before you did it.

[Critique]

Hijack inbound:

Speaking of (un)employment, I saw an article in today's Sun (It was round a friend's, I didn't buy it) about the BBC moving some of it's operation up to Salford, and how only 32 of the 2000 or so people up there come from Salford. This was seen as outrageous, because most of the staff had just came up from London, but what do they expect? It sounded like the Sun would have preferred the BBC to make the 2000 or staff who's departments were moving up North redundant, so they could hire locals?! People are no doubt still benefiting from the Salford move, as businesses in the area wil probably have seen new custom from BBC staff, so why is the Sun complaining?

Meanwhile, on topic:

It sounds quite odd, and whilst I wouldn't say it's completely illegal, it's probably a bit dodgy. Could the employer use as unpaid labour under the grounds of it being 'shadowing' or something?

[james2001]

Of course you have to ask how many of the BBC's staff at Mediacity are from surrounding areas, Salford's only 1 of the 10 boroughs in Greater Manchester, and that's before you count the neighbouring counties. Just because they're not from Salford doesn't mean they're not local!

[cwathen]

Hello all, have a quick question for you.

Recently worked four hours in a restaurant as part of a 'trial shift'. However, I learnt afterwards it is unpaid. What are the legalities around this?

Thanks

Depends under what context the 'trial shift' happened.

If you have actually been offered the job and employed by them and the trial took place under the context of work under a probationary period then they should be paying you for your time.

But I suspect it's much more likely that getting the job was subject to the trial shift being successful and you so you weren't actually employed by them at the time. In this case they can justify the work you did as being part of the interview process in which case there is no need to pay you.

[Gavin Scott]

Hello all, have a quick question for you.

Recently worked four hours in a restaurant as part of a 'trial shift'. However, I learnt afterwards it is unpaid. What are the legalities around this?

Thanks

The "legalities" can only be defined in a contract, either a written one or a verbal one. Either way that depends on an offer and an acceptance - which needs to be set out before you begin.

If you didn't discuss how much you would be paid in consideration of however many hours of work, then they are under no obligation to pay you.

It certainly can be awkward to broach those subjects - especially if you want to appear keen and willing, and you think that there might be a job at the end of it; but its down to you to ask the question if the topic isn't brought up.

Its common for managers to say, "come in for a couple of hours and see if you think this is for you" with bar and restaurant work - as they can have a definite vibe or pace of work that varies place to place.

So, if you think you've been stiffed on this one - chalk it up to experience and remember to ask next time.