Help! I'm not sure what to do and where I stand!

[Winchy]

Hello to everyone here!

I am asking for a bit of help.

I work for a newsagents and I have several concerns and I am not sure where i stand!

The first thing that comes to mind is that several of my collegues are selling tobacco and alcohol to underage persons. I have witnessed this many times. I am not sure how I can prevent this in the future.

On many occations, our wages have been late! On one point it was nearly 2 weeks late! And getting wages slips.... well... sometimes they are with the next months pay!

Health and safety and evenironmental health. To sum it up, it is very poor! The shop has no wet floor signs, there is 4 of the large fridges running from a single 4-way extention lead! This lead runs through a doorway and is very damaged. The plug is hot!
The fridges are similar to these.
http://www.ascotwholesale.co.uk/productpic/SUPER76.jpg

Please can i have some advice and where i stand! I want to have these issues resolved and hopefully keep my job after!

help will be very much appreciated!

[m8internet]

It really depends on if this is a large company or a small independent trader

If they are a large company, then escalate the matter up to your line manager
If they fail to take action, then take the matter higher
If there are sales of restricted age items, and there is CCTV footage, make a personal record of dates, times, and the person breaching the law
Some companies now have employee hot lines, so use it

If your pay is late then check that your monthly payslip has a payment date, as it should
Check your contract of employment, it should also clearly state the date on which you are paid
If your employer fails to make payment on the agreed date you would have the right not to work
However, again you would need to discuss this direct with them, if they are a small independent then work with them

Personally, it sounds like a horror story, so I would already be looking for another job; time to work for a more professional employer!
Once you have left them, file reports to the local and relevant authorities; Trading Standards, Inland Revenue, and so on
We don't need employers and traders like this

[Winchy]

There is a chain of 6 shops.

I have mentioned the under-age sales to my manager and the area manager, but nothing has been done! The shops are national lottery retails and I have seen them employing a 15 year old, which is also illegal. I know that Camelot have done checks for under-age sales and noting was done!

Thanks for the advice/information, m8internet!

[m8internet]

You've gone quite high up the chain then
How about writing to one of the Directors?
That's quite extreme, but clearly action has to be taken to rectify what is nothing more than illegal practices
However, before you do so be aware that it can result in you being brown nosed and an uncomfortable workplace afterwards, and in some cases worth looking for other work before you do so

I've done it in the past, wrote straight to the Chairman (at his home address)
The Store Manager was sacked without notice, I was given a grilling and asked not to write to the Chairman in future and to discuss my grievances with my line manager (er, hello, they weren't listening!)
The Area Manager "ran" the store for 3 weeks, but didn't have a clue
However, the next Store Manager wasn't much better!

[Winchy]

Every other saturday now, I work in the show with the managing director. And he isn't bothered. I've mentioned it all and he just take no notice.

[m8internet]

In that case, f^£k em, as I say
Be aware that you could in effect do yourself out of a job

Advise the following that you are making a record, and ask how long they want you to keep it before reporting back
Contact your local Trading Standards
Contact Camelot, report underage sales, equally underage people serving from the machine; that will be enough that they will visit within 7 days!

Get a notebook, keep it at home, and after work each day make a note of all the failings on a day to day basis

Is there a HSE noticeboard, policy document, and sign?
Is there an accident book?
Is there a PPE document?
Is there a COSHH handbook?
Is there alcohol for sale, if so is there a refuse to serve book?
Is there a recent Fire Safety Inspection certificate?
Are there Fire Extinguishers on the premises, are there the correct number, are the seals intact, and are they all inspected annually?

I think that's enough for now, I could ask more!
As for the late wages, I will need to work out who you report that to, probably ACAS, however without a consolidation agreement the only course of action may be to go to court (which will cost you about £45, but if you win the case you will also win the costs - whether the employer pays heed is a different matter!)
The usual course is to claim against the employer for "undue expenses due to late payment of wages", and in some cases a simple solicitors letter of intended action can be enough to sort that
However, this often results in one payslip, one final payment, and a P45!
That's a more serious personal matter and is directly affecting you, so I recommend you visit the Citizen Advice Bureau now, also make notes on each payslip of the date payment is received and go back as far as you can

[Winchy]

Is there a HSE noticeboard, policy document, and sign?
Yes, but VERY old!

Is there an accident book?
No

Is there a PPE document?
No

Is there a COSHH handbook?
No

Is there alcohol for sale, if so is there a refuse to serve book?
One provided by camelot

Is there a recent Fire Safety Inspection certificate?
No

Are there Fire Extinguishers on the premises, are there the correct number, are the seals intact, and are they all inspected annually?
One Foam, One water. In very hard to reach places!

Many Thanks for your help.

Im gonna start drafting letters!

Thanks again!

[retailworld]

Sometimes you come across businesses like this - very sad state of affairs.

Sounds like you know what you're talking about, and just want to work hard, so I'd get all your experience onto a CV and start looking elsewhere. Although I would add that the job market looks a little grim at the moment. But don't stop that you from looking.

Don't waste too much time on your current exployer. By all means do some of the things mentioned, but don't give yourself sleepless nights over it - its just not worth it.

[Winchy]

I've typed up a letter ready to give my notice.
Would it be constructive dismissal because I am not happy with the way my employer is treating me!

Is there anywhere that I am able to get information to reference to regarding this dilemma?

Would it be a good thing for me because I don't have a employment contract!

Many Thanks all!

PS, Have a great Christmas!

[m8internet]

Would it be constructive dismissal because I am not happy with the way my employer is treating me
You would really struggle to prove grounds for constructive dismissal, at this stage

Firstly you need to put your grievance in writing to the employer
There are several breaches of the Health and Safety at Work Act
Equally, there are even grounds for the public liability insurance policy to be void (the lack of an Accident Book)
Give the employer fourteen days in which to respond to you in writing (not verbally)

Although you may not have a contract of employment, after 3 months of continuous employment you are considered as an "employee under contract"
However, the employer MUST issue you with a contract and statement of terms, if you request it (see above)

Personally, find another job (advise them you need to give two weeks notice)
At the point at which you are offered that job, issue your witten request to your current employer and state that you will only accept a written response from them
At or on the fourteenth day, issue your immediate resignation